SHRI SADHUMARGI SHANTKRANTI JAIN SHRAVAK SANGH C G ORISA,RAIPUR vs. COMMISSIONER OF INCOME-TAX( EXEMPTION), BHOPAL
What did the Tribunal hold?
The Tribunal held that the assessee was not provided with a proper opportunity of being heard, violating the principles of natural justice. Therefore, the case was remitted back to the Commissioner for a fresh decision.
What were the facts?
The assessee was granted a short period of two days to submit requested documents to the Commissioner of Income Tax (Exemption). Due to the limited time, the assessee failed to comply with the notice.
What were the issues?
Whether the assessee was provided with a reasonable opportunity of being heard before the impugned order was passed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI PRADIP KUMAR KEDIA, HONBLE & SHRI N.K. CHOUDHRY, HON’BLE
O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER
This appeal has been preferred by the appellant against the order dated 29/04/2019 impugned herein passed by the Ld. Commissioner of Income Tax (Exemption) [for short, ‘ld. Commissioner], Bhopal u/sec. 12AA(1)(b)(ii) of the Income Tax Act, 1961 (hereinafter referred to as the "Act").
(Shri Sadhumargi Shantkranti Jain Shravak Sangh)
From the impugned order, it clearly reflects that the appellant was given an opportunity, while dated 14/03/2019 fixing the case of hearing on 10/04/2019, in response to which the ld.AR attended the hearing and submitted written submissions. However, further clarification on submissions and details have been sought by the ld. Commissioner while even dated 10/04/2019, by which the appellant was requested to submit the documents as mentioned in para 4 of the impugned order before 12/04/2019. It clearly reflects that while appellant was given only two days time to comply with the email/notice dated 10/04/2019. Due to scarcity of time, the Assessee failed to submit the same as the fixing the date is so early and given very less time, which goes to show that proper opportunity of being heard was not provided to the Assessee, which is mandatory. The principle of natural justice has been withheld, therefore we do not have any hesitation to remit the instant case to the file of the ld. Commissioner for decision afresh, suffice to say while affording reasonable opportunity(s) of being heard to the appellant.
The appellant is also directed to cooperate with the proceedings before the ld. Commissioner and comply with the directions of the Ld. Commissioner within the prescribed time.
(Shri Sadhumargi Shantkranti Jain Shravak Sangh)
In the result, appeal filed by the appellant stands allowed for statistical purpose. Order Pronounced in open Court on this 29th day of July, 2021.
More judgments on Section 12AA(1)(b)(ii)
- Shree Sojitra Kharakuva Shree Khodiyar… vs CIT (Exemption), AhmedabadITA 1691/AHD/2025[NA]Status: Disposed16 Oct 2025
- Bluebriage Sports Foundation, Pune vs CIT Exemption, PuneITA 220/PUN/2025[NA]Status: Disposed30 Jul 2025
- Bluebriage Sports Foundation, Pune vs CIT Exemption, PuneITA 219/PUN/2025[NA]Status: Disposed30 Jul 2025
- I M C of Govt Industrial Training Institute… vs CIT (E), PuneITA 1499/PUN/2024[2023-24]Status: Disposed24 Mar 2025AY 2023-24
- M/S. Chitra Lekha Shiksha Sewa Samiti… vs Commissioner of Income Tax (Exemptions)…ITA 159/LKW/2019[NA]Status: Disposed11 Jul 2024
Recent GST High Court judgments
Search GST case law →- Swastika Ingot PVT.LTD, Sundargarh vs. The Addl Commissioner, GST And Central Excise, BhubaneswarOrissa · 15 Oct 2026
- M/S Basudev Logistics, Jagatsinghpur vs. Principal Commissioner, CGST And Central Excise, BhubaneswarOrissa · 15 Oct 2026
- Prabhudatta Mishra vs. The Commissioner Of Commercial Taxes And Goods And Services Tax, OdishaOrissa · 15 Oct 2026
- Rajesh Kumar Gupta vs. Joint Commissioner Of GST (Appeal), Territorial Range, BolangirOrissa · 15 Oct 2026
- M/S. Attitude Exim PVT. LTD., Rourkela vs. The Commissioner Of CT And GST, CuttackOrissa · 15 Oct 2026