Assessee filed an application under section 12AB for fresh registration. The commissioner rejected application without communicating the exact deficiency in documents submitted and exact nature of clarification/explanation required from the assessee. On appeal the Tribunal held that the assessee should be given an opportunity of being heard in order to prevent the miscarriage of justice and directed the Commissioner to pass a speaking order by providing a reasonable opportunity. (AY. 2022 -23)
Shree valinath Gujrati Rabari Dharmashala trust Tarabh v. CIT ( 2023) 203 ITD 93// 106 ITR 82 (SN.) ( Ahd)( Trib)
S. 12AB: Procedure for fresh registration – Not communicated exact deficiency in documents submitted -Rejection order is seta side and directed to pass a speaking order by providing a reasonable opportunity . [ Rule . 17A , Form No .10AB ]