Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, PUNE BENCH, ‘B’ PUNE
Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY
आदेश / ORDER
PER R.S. SYAL, VP :
This appeal by the assessee is directed against the order dt. 31-03-2023 passed by the ld.CIT(Exemption), Pune in not granting approval u/s.10(23C)(iii) of the Income-tax Act, 1961 (hereinafter also referred as ‘The Act’).
We have heard both the sides and gone through the relevant material on record. The assessee filed application in the requisite form for claiming exemption u/s.10(23C)(iii) of the Act, which came to be rejected. The ld. AR, at the very outset, submitted that the ld. CIT(E) required the assessee to furnish certain details and explanations for which the matter was adjourned for 30-03-2023.
The assessee furnished such submissions on 30-03-2023, but the ld. CIT(E) disapproved the assessee’s claim of registration without taking into account such detailed submissions. A copy of such submissions has been placed at pages 53 to 57 of the paper book.
Without going into the merits, we are of the considered opinion that the ends of justice would meet adequately if the impugned order is set-aside and the matter is restored to the file of ld.CIT(E). We order accordingly and direct him to pass a fresh order after taking into account the assessee’s written submissions and allowing further opportunity of hearing. Needless to say, the assessee will be at liberty to file any further material/evidence in support of its contention.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 20th July, 2023.