2023 (2) TMI 169 - AT - Income Tax

Registration u/s 12AB r/w section 80G(5)(iii) - application in Form 10AB was rejected by the learned CIT - HELD THAT:- CIT in order to verify the genuineness of the activities of the assessee and fulfilment of conditions laid down in section 80G(5) issued notice through ITBA portal on 30/08/2022 requesting the assessee to upload certain information/verification. CIT granted another opportunity to the assessee vide notice dated 20/10/2022 to make necessary compliance and furnish the information sought. However, in absence of any submission of the assessee, the learned CIT proceeded to pass the impugned order rejecting the application made by the assessee in Form 10AB.

In the interest of natural justice, the assessee should be provided with one more opportunity to present its case before the learned CIT. Accordingly, we set aside the impugned order and direct the learned CIT to de novo consider the application of the assessee trust as per law. As a result, sole ground raised by the assessee is allowed for statistical purposes.