FOSBECCI ASSOCIATION,KOLKATA vs. CIT(E), KOLKATA

Assessment Year: 2023-2024 Fosbecci Association ld. Commissioner of Income Tax (Exemption), Kolkata dated 13.04.2023.

The grievance of the assessee is that the ld. CIT(Exemption) erred in rejecting the application made under section 12A(1)(ac)(iii) of the Act without giving proper opportunity to file various details and documents as called for in the questionnaire and requested to provide one more opportunity to go before ld. CIT (Exemption). The ld. D.R. did not oppose to it.

We have heard the rival contentions. We notice that the ld. CIT(Exemption) rejected the application of the assessee filed for approval under section 12(1)(ac)(iii) of the Act in Form No. 10AB. The ld. CIT(Exemption) asked for certain clarification to the assessee, but assessee failed to appear on the given date, i.e. 10.04.2023 and immediately thereafter on 13.04.2023 the application in question before him was rejected. We notice that the ld. CIT did not give fair opportunity to the assessee for giving reply to the questions and also to produce various details and documents as called for. We, therefore, in the interest of justice and fair to both the parties, set aside the impugned order of ld. CIT(Exemption) and restore the issues to the file of ld. CIT(Exemption) for fresh adjudication on due consideration of submission to be filed by assessee for which reasonable opportunity of being heard should be granted.

In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open Court on 20th June, 2023.