ACIC BMU Foundation vs CIT (Exemption)

PER ANUBHAV SHARMA, JM:

This appeal is preferred by the assessee against the order dated 23.04.2024 of the CIT (Exemption), Delhi(hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in DIN &Notice No. ITBA/EXM/F/EXM45/2024-25/1064297824(1) rejecting application u/s 12A (1)(ac)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

At the time of hearing, Ld. Counsel has submitted that the assessee failed to appear before competent authority and for that reason the application of assessee seeking registration was dismissed. It was submitted for that reason there was also delay in filing the appeal here. We find that there is delay of 314 days in filing appeal before this Tribunal, and application is supported by the affidavit of Pankaj Agarwal authorized representative dealing with the tax matters who has deposed that due to heavy pressure of time baring matters his attention escaped filing appeal for assessee. In the light of the aforesaid facts and circumstances, as it appears that there was failure on the part of the representatives of the professional of the assessee in appearing before Ld. Competent Authority and also filing the appeal here, we condoned the delay and admit the appeal.

We are of considered view that assessee deserves opportunity to contest on merits by filing the submissions and evidences. Thus, the appeal of the assessee is allowed for statistical purposes, and the issues on merits are restored to the files of the Ld. CIT(E) to issue a fresh notice to the assessee and decide the application of the assessee in Form 10AB afresh.