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Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 987/JP/2019
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 987/JP/2019 fu/kZkj.k o"kZ@Assessment Year : 2018-19 cuke Bhagwati Motiani Educational Society, The CIT, (Exemption) Vs. Foysagar Road, Jaipur. Ajmer. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AMZPM 0879 Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Sunil Porwal (C.A.) jktLo dh vksj ls@ Revenue by : Shri Rajan Kumar (CIT) lquokbZ dh rkjh[k@ Date of Hearing : 10/12/2019 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 11/12/2019 vkns'k@ ORDER PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee against the order of ld. CIT(E), Jaipur dated 27.06.2019 for the Assessment Years 2018-19 wherein the assessee has challenged the non-grant of approval U/s 10(23C)(vi) of the IT Act.
Briefly the facts of the case are that the assessee-society is registered with the Registrar of society, Ajmer and also registered U/s 12A(a) vide CIT, Ajmer order dated 25.04.2006. It moved an application 2 Bhagwati Motiani Educational Society vs. CIT before the ld. CIT(E) on 25.06.2018 seeking approval U/s 10(23C)(vi) & (via) of the Act. During the course of proceedings vide letter dated 16.05.2019 and thereafter vide order sheet entry dated 17.06.2019, the assessee was asked to filed certain information and related documentation relating to salary expenditure, bus receipts and unsecured loans. The ld. CIT(E) has returned a finding that the assessee society has failed to provide the necessary details, therefore, it is not possible to verify the genuineness of the activities carried out by the assessee society accordingly, the application filed by the assessee was rejected.
During the course of hearing, the ld. AR submitted that the assessee has submitted requisite details which were called for by the ld CIT(E) and which were communicated to him through e-mail dated 17.06.2019 as well as personally discussed in his office for verification. However, the ld. CIT(E) has without examination of the said facts has decided the matter against the assessee. It was accordingly submitted that the matter may be set aside to the file of the ld. CIT(E) to examine the details so sought by him and the decide the matter a fresh.
Per contra, the ld. CIT/DR has submitted that in the absence of the necessary details filed by the assessee, it is difficult to verify the genuineness of the activities carried out by the assessee-society which is very much germane to the issue before granting exemption 10(23C)(vi) of the Act. At the same time, the ld. DR fairly submitted that where the Bench so decide to set aside the matter to the file of the ld. CIT(E), the Revenue has no objection to the same. 3 Bhagwati Motiani Educational Society vs. CIT
We have heard the rival contentions and perused the material available on record. We find that the ld. CIT(E) has called for certain details and documentation in order to verify the genuineness of the assessee society. It is the assessee’s contention that said details were submitted through an email communication which has not been considered by the ld CIT(E). In the interest of justice and fair play, we set-aside the matter to the file of the ld CIT(E) to consider the same and decide the matter a fresh after providing reasonable opportunity to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 11/12/2019.
Sd/- Sd/- ¼fot; iky jko½ ¼foØe flag ;kno½ (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 11/12/2019. *Santosh आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- Bhagwati Motiani Educational Society, Ajmer. 2. izR;FkhZ@ The Respondent- CIT (Exemption), Jaipur. 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत.