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Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The only grievance of the assessee in the captioned appeal is denial of deduction u/s 11 / 12 as applicable to a registered charitable trust. Upon perusal of impugned order, it could be seen that the assessee has failed to attend the appellate proceedings and accordingly, the assessment was confirmed by first appellate authority. The Ld. AO denied the deduction since the assessee could not demonstrate that it had valid registration under the act for impugned year. Aggrieved as aforesaid, the assessee is in further appeal before us.
The Ld. AR submitted that the assessee trust stopped its activities from the year 2013 onwards. The Ld. AR also produced assessment orders for AYs 1992-93 and 1993-94 wherein the impugned deduction has been granted to the assessee. The Ld. AR sought another opportunity to substantiate its case.
Quite clearly, the assessee trust is unable to show that it had valid registration under the Act to lay its claim for deduction u/s 11 / 12. However, keeping in view the principle of natural justice and concurring with the submissions of Ld. AR, we deem it fit to grant another opportunity to the assessee to substantiate its case before Ld. AO. Accordingly, impugned order is set-aside and the matter of assessment is restored back to the file of Ld. AO for de novo assessment with a direction to the assessee to substantiate its claim. 4. The appeal stand allowed for statistical purposes. Order pronounced on 4th July, 2023.