RSSRA POLLUTION CONTROL AND RESEARCH FOUNDATION,JODHPUR vs. CIT(EXEMPTION), JAIPUR

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ITA 101/JODH/2020Status: DisposedITAT Jodhpur11 August 2021AY 2020-213 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee deserved another opportunity to submit necessary documents. Therefore, the matter was set aside to the CIT(E) for a fresh decision after providing a reasonable opportunity to the assessee.

What were the facts?

The assessee's application for registration under Section 12AA was rejected ex-parte by the CIT(E) for non-compliance with opportunities to provide documentation. The assessee appealed this rejection.

What were the issues?

Whether the CIT(E) was justified in rejecting the registration application ex-parte without affording a proper opportunity to the assessee.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM

For Appellant: Shri Amit Kothari (C.A.)
For Respondent: Smt. Sanchita Kumar (CIT) a Date of Hearing : 11/08/2021
Hearing: 11/08/2021Pronounced: 12/08/2021

ORDER PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee against the order of ld. CIT(E), Jaipur dated 19.02.2020 challenging the rejection of its application seeking registration u/s 12AA of the Act.

2.

Heard both the parties and pursued the material available on record.

3.

On perusal of the order passed by the ld. CIT(E), it is observed that the application of the assessee was dismissed ex-parte by the ld. CIT(E). The ld CIT(E) has stated in his order that sufficient

1.

2 RSSRA Pollution Control and Research Foundation vs. CIT(E) opportunities has been provided to the assessee to produce relevant information/documentation in support of its claim seeking registration U/s 12AA of the Act. However the assessee has failed to avail of such opportunity, accordingly, the application seeking registration was rejected by ld. CIT(E).

4.

Having considered the facts and circumstances of the case, we belief that the assessee deserves one more opportunity to submit necessary details and documents in support of its claim for seeking registration U/s 12AA of the Act. Therefore, in the interest of justice and fair play, the matter is hereby set aside to the file of the ld. CIT(E) to decide the same afresh after providing reasonable opportunity to the assessee.

5.

The assessee is also hereby directed to attend to the proceedings before the ld. CIT(E) and ensure in timely completion thereof as so directed by the ld. CIT(E).

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

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