B.B.D. BAG PROFESSIONAL ASSOCIATION (FORMERLY KNOWN AS B.B.D. BAG PROFESSIONAL STUDY CIRCLE ASSOCIATION),KOLKATA vs. CIT- EXEMPTION, KOLKATA, KOLKATA

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ITA 663/KOL/2022Status: DisposedITAT Kolkata22 February 2023AY 2022-20232 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal held that principles of natural justice require the assessee to be given an opportunity to present its case. The impugned order was set aside, and the matter was restored to the CIT(Exemption) for a fresh decision.

What were the facts?

The assessee-association applied for registration under Section 80G of the Income Tax Act. The CIT(Exemption) passed an ex parte order without considering the assessee's adjournment application.

What were the issues?

Whether the CIT(Exemption) erred in passing an ex parte order without granting an opportunity to the assessee to present its case.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH KOLKATA

Before: Shri Sanjay Garg & Dr. Manish Borad

order : February 22, 2023 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 22.09.2022 of the CIT(Exemption) [hereinafter referred to as the ‘CIT(E)’].

2.

At the outset, the ld. Counsel for the assessee has submitted that the assessee-association moved an application for registration u/s 80G of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’). That on the date of hearing, the assessee-association had moved an adjournment application to the ld. CIT(E). However, the ld. CIT(E) did not consider the same and passed the ex parte order. The ld. Counsel has submitted that Assessment year: 2022-23 B.B.D. Bag Professional Association the assessee-association may be given an opportunity to present its case before the CIT(E). We are of the view that the principles of natural justice will be well-served, if the assessee-association is given an opportunity to present its case before the CIT(E). In view of this, the impugned order of the CIT(E) is set aside and the matter is restored to the file of the CIT(E) for decision afresh. Needless to say that CIT(E) will give proper opportunity to the assessee to present its case.

4.

In the result, the appeal of the assessee is treated as allowed for statistical purposes.

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