PARIVARTAN SAMUDAYIK SWASTHYA EWAM VIKASH PARIYOJNA,PAKUR vs. ITO,WARD-1(2), RANCHI
What did the Tribunal hold?
The Tribunal held that the lower authorities had not considered intervening developments regarding the assessee's Section 12AA registration. Therefore, the case was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee was assessed as an AOP, denying it the benefit of exemption under Section 11 of the Act. The assessee's claim for 12AA registration was also declined, though a prior tribunal order restored the issue for fresh adjudication.
What were the issues?
Whether the assessee was wrongly assessed as an AOP and denied exemption, and whether the CIT(A) order failed to consider subsequent developments regarding 12AA registration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI, “E” COURT, AT KOLKATA
Before: SHRI J. SUDHAKAR REDDY, AM & SHRI S.S. GODARA, JM
आदेश / O R D E R
Per Shri S. S. GODARA, JM:
The assessee’s appeal for assessment year 2015-16 arises against the CIT(A)- Dhanbad’s order dated 25.01.2019, passed in case no. CIT(A), Dhanbad/10022/2017-18 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ( in short the ‘Act’). Heard both the parties. Case file perused.
Parivartan Samudayik Swasthya Ewam Vikash Pariyojna A.Y.: 2015-16 2. The assessee’s pleadings in the instant case seek to reverse both the lower authorities’ action assessing it as an “AOP” in Section 143(1) processing dated 25.03.2017 as upheld in the CIT(A)’s order thereby denying it the benefit of exemption available u/s 11 of the Act. Case records indicate that this assessee had also claimed itself to have been carrying out charitable activities entitled for 12AA registration. Learned CIT(Exemption), Patna’s order dated 06.10.2016 declined the said registration. This tribunal’s co-ordinate bench decision in the assessee’s own case in dated 12.03.2018 restore the said issue back to the CIT(Exemption) for afresh adjudication.
Learned CIT-DR fails to dispute that all these intervening developments have not been considered in the CIT(A)’s order under challenge. We therefore restore the assessee’s instant grievance back to the CIT(A) for his fresh adjudication as per law in light of all the above stated developments of Section 12AA registration within three effective opportunities of hearing.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the Court on 23.09.2020
More judgments on Section 11
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 531/NAG/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
Recent GST High Court judgments
Search GST case law →- Prabhudatta Mishra vs. The Commissioner Of Commercial Taxes And Goods And Services Tax, OdishaOrissa · 15 Oct 2026
- Rajesh Kumar Gupta vs. Joint Commissioner Of GST (Appeal), Territorial Range, BolangirOrissa · 15 Oct 2026
- M/S. Attitude Exim PVT. LTD., Rourkela vs. The Commissioner Of CT And GST, CuttackOrissa · 15 Oct 2026
- M/S.Pradeep Kumar Mahapatra, Bhubaneswar vs. Superintendent Bhubaneswar-Iii Circle, CGST Range, BhubaneswarOrissa · 15 Oct 2026
- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026