INDIAN SOCIETY FOR HISTOCOMPATIBILITY AND IMMUNOGENETICS,NEW DELHI vs. CIT(E), NEW DELHI

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ITA 4752/DEL/2019Status: DisposedITAT Delhi25 August 20224 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(E) should have provided a reasonable opportunity to the assessee to substantiate its claim. The matter was restored to the CIT(E) for fresh consideration.

What were the facts?

The assessee society applied for registration under Section 12AA of the Income-tax Act. The CIT(E) rejected the application for failing to submit documentary evidence of charitable activities.

What were the issues?

Whether the CIT(E) erred in rejecting the registration application without providing adequate opportunity to the assessee to submit supporting documents.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘H’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS. ASTHA CHANDRA

For Respondent: Shri Rajesh Kumar, CIT-DR
Hearing: 25.08.2022Pronounced: 25.08.2022

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

This appeal by the assessee is preferred against the order of the CIT(E), Delhi dated 25.03.2019 made u/s 12AA(1)(b) r.w.s 12A of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'] of the Act.

2.

The solitary grievance of the assessee is that the ld. CIT(E) erred in rejecting the application for registration u/s 12AA of the Act.

3.

None appeared on behalf of the assessee inspite of repetitive notices. We decided to proceed exparte.

4.

A perusal of the order of the ld. CIT(E) shows that notice was issued at the address given in Form No. 10A, in response to which the assessee filed submissions. The ld. CIT(E) observed that the assessee has failed to submit documentary evidence in support of charitable activities and rejected the application of the assessee.

5.

In our considered opinion, the ld. CIT(E) ought to have given reasonable and adequate opportunity to the assessee to substantiate its claim for registration u/s 12A of the Act. Therefore, in the interest of justice and fair play, we restore this issue to the file of the ld. CIT(E). The ld. CIT(E) is directed to afford reasonable and adequate opportunity to the assessee society to file necessary documents in support of registration u/s 12AA of the Act and the assessee is directed to avail opportunity.

6.

In the result, the appeal of the assessee in is allowed for statistical purposes.

The order is pronounced in the open court on 25.08.2022.

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