NISHWA NIRMALA DHARMA TRUST,JAMSHEDPUR vs. CIT,EXAMPTION, PATNA
What did the Tribunal hold?
The Tribunal restored the matter back to the CIT(Exemption) for fresh adjudication. The CIT(Exemption) was directed to consider the assessee's object clauses and provide three effective opportunities of hearing.
What were the facts?
The assessee trust applied for registration under Section 12AA of the Income Tax Act. The CIT(Exemption) denied the registration primarily because the assessee did not appear on a scheduled hearing date.
What were the issues?
Whether the CIT(Exemption) properly considered the assessee's trust deed and object clauses before denying registration under Section 12AA, and whether the denial was justified solely on the ground of absence on one hearing date.
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 S.S, Godara, JM & Dr. A.L. Saini, AM
आदेश /O R D E R Per S. S. Godara(Oral): This assessee’s appeal for assessment year 2019-20 arises against the Commissioner of Income-tax (Exemption), Patna’s order dated 26.06.2019 involving proceedings u/s 12AA of the Income Tax Act, 1961; (in short ‘the Act’). Heard both the parties. Case file persued. 2. With the able assistance of both the learned representatives, we notice during the course of hearing that the CIT(Exemption) has declined the assessee’s 12AA registration mainly on the ground that it did not appear on the last opportunity fixed for 06.06.2019. Mr. Mittal’s case, on the other hand, is that the assessee duly filed all the corresponding detailed documentary evidence(s) including its trust deed etc. before the CIT(Exemption) which have nowhere been commented upon. Be that as it may,
Vishwa Nirmala Dharma Trust, JSR Page 2 the fact remains that the CIT(Exemption) has not considered the assessee’s object clauses as if they fall in section 2(15) of the Act or not. We therefore deem it appropriate to restore back the lis to the CIT(Exemption) for his afresh adjudication as per law within three effective opportunities of hearing. 3. This assessee’s appeal is allowed for statistical purposes. Order pronounced in open court on 22/07/2020.
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