SHRI SINDRATH KHETLAJI BHERUJI SIDROOP MAHADEV SANWARAJI MANDIR TRUST,SIROHI vs. CIT(EXEMPTION), JAIPUR

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ITA 106/JODH/2020Status: DisposedITAT Jodhpur11 August 2021AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal and set aside the order of the CIT(E). The matter was remanded back to the CIT(E) to decide the application afresh after providing the assessee with a reasonable opportunity to submit details and documents.

What were the facts?

The assessee filed an appeal against the rejection of its application for registration under Section 12AA of the Income Tax Act. The CIT(E) had rejected the application ex-parte due to the assessee's failure to provide necessary documentation despite opportunities.

What were the issues?

Whether the CIT(E) was justified in rejecting the registration application ex-parte without providing sufficient opportunity to the assessee. The need for a fair hearing for 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 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 28.08.2017 challenging the rejection of its application seeking registration u/s 12AA of the Act.

2.

None appeared on behalf of the assessee. The ld CIT/DR was heard and material on record was purused.

3.

At the outset, it is noted that there has been a delay in filing the present appeal. After pursuing the affidavit of the assessee placed on record which is not disputed by the Revenue, we find that there was 2 Shri Sindrath Khetlaji Bheruji Sidroop Mahadve Sanwraji MandirTrust vs. CIT(E) reasonable cause for the delay in filing the present appeal and the delay is hereby condoned and the appeal of the assessee is admitted for adjudication.

4.

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 opportunities have 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).

5.

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.

6.

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).

1.

3 Shri Sindrath Khetlaji Bheruji Sidroop Mahadve Sanwraji MandirTrust vs. CIT(E) In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 12/08/2021.

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