RENOWNED HEART FOUNDATION,FARIDABAD vs. COMMISSIONER OF INCOME TAX, EXEMPTIONS,CHANDIGARH , CHANDIGARH
Before: SHRI YOGESH KUMAR U.S. & SHRI MANISH AGARWALITA No. 6/DEL/2025 Renowned Heart Foundation Co/ Tejmohan Singh, Advocate, 527, Sector 10D Chandigarh PAN: AAMCR1940B Vs Commissioner of Income Tax, Exemption, Chandigarh
PER YOGESH KUMAR, U.S. JM: These two appeals are filed by the Assessee against the order of the Commissioner of Income Tax (Exemption)-, Chandigarh (‘Ld. CIT(E)’ for short) dated 10/12/2024 wherein the application filed by the Assessee for grant of registration u/s 12AB and 80G of the Income Tax Act, 1961 ('Act' for short) were rejected.
The Ld. Counsel for the Appellant submitted that the orders impugned have been passed ex-parte, wherein Ld. CIT(E)has not verified the documents produced by the Appellant and without providing opportunity to the appellant to produce further documents and submissions the orders impugned has been passed. Thus, sought for allowing the Appeals. 3. The Ld. Department's Representative vehemently submitted that the appellant has failed to substantiate the claim in support of the applications filed by the Appellant. Thus, relying on the orders of the Lower Authority, sought for dismissal of the Appeals.
We have heard the parties and perused the material available on record. It can be seen from the orders impugned, the Ld. CIT(E) has rejected the application for want of documents to substantiate the claim of the Appellant and the Appellant has not been heard before passing the orders impugned. Thus, we set aside the impugned orders of the Ld. CIT(E) and remand the matter to the file of Ld. CIT(E) with a direction to decide the applications afresh after providing opportunity of being heard to the Appellant. The Appellant is also at liberty to produce any/all documents in support of its claim.
In the result, the appeals of the Assessee are partly allowed for statistical purpose.
Order pronounced in the open court on 09th July , 2025 (MANISH AGARWAL)
JUDICIAL MEMBER
Date:- 09 .07.2025
R.N, Sr.P.S*