JAIN SWETAMBAR URTIPUJAK SHREE SANG,PIPAR vs. CIT(E), JAIPUR

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ITA 157/JODH/2020Status: DisposedITAT Jodhpur11 August 2021AY 2020-213 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal believed the assessee deserved one more opportunity to submit the required details and 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 filed an application seeking registration under Section 12AA of the Income Tax Act. The CIT(E) rejected the application, stating that the assessee failed to provide necessary documentation despite sufficient opportunities.

What were the issues?

Whether the CIT(E) was justified in rejecting the registration application without granting a proper opportunity to the assessee to furnish required documents.

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 31.08.2020 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 ld CIT(E) has stated in his order that sufficient opportunities has been provided to the assessee to produce relevant information/documentation in support of its claim seeking registration

1.

2 Jain Swetambar Murtipujak Shree Sang vs. CIT(E) 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.

Order pronounced in the open Court on 12/08/2021.

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