DAWAT-E-ISLAMI YADGIR,GULBARGA vs. COMMISSIONER OF INCOME TAX (EXEMPTION), BANGALORE

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ITA 313/BANG/2023Status: DisposedITAT Bangalore17 July 2023AY 2023-244 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(E) denied exemption without verifying details of the trust's objects. To ensure justice, the issue was remanded to the CIT(E) for fresh consideration with proper verification and an opportunity to be heard.

What were the facts?

The assessee sought registration under Section 12AB of the Income-tax Act. The CIT(E) rejected the application without calling for any details to verify the objects of the assessee. The assessee contended that this caused grave injustice.

What were the issues?

Whether the CIT(E) properly rejected the registration application without conducting necessary verification of the assessee's objects.

Which sections of the Income-tax Act were involved?

Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SHRI BEENA PILLAI

For Appellant: Shri Mohammed Tahir Shaikh, C.A
For Respondent: Shri Sunil Kumar Singh, CIT (DR)
Hearing: 12.07.2023Pronounced: 17.07.2023

O R D E R Per Beena Pillai, Judicial Member

The present appeal is filed by the assessee against the order dated 17/02/2023 passed by the CIT(E), Bangalore for the assessment year 2023-24.

2.

It is submitted by the ld.AR that the ld.CIT(E) had rejected the registration sought by the assessee s/s 12AB of the Income-tax Act 1961. He submitted that no details were called for by the ld.CIT(E) in order to verify the objects of the assessee and thereby caused grave injustice. He thus, prayed for the issue to be remanded to the file of ld.CIT(E) to consider the application afresh.

3.

On the contrary, the ld.DR relied on the orders passed by the ld.CIT(E).

4.

We have considered the submission advanced by both the sides in the light of the records placed before us. We note that the ld.CIT(E) had denied the exemption without verifying any details in respect of the objects of the trust. In the interest of justice, we deem it proper to remand this issue to the file of ld.CIT(E) with a direction to consider the application of the assessee in the light of objects of the trust and any other evidences that may be relevant to carry out necessary verification may be called for.

4.1 Needless to say proper opportunity of being heard to the assessee may be given. Accordingly, the grounds raised by the assessee stands for statistical purpose.

5.

In the result, the appeal of the assessee stands allowed for statistical purpose.

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