M/S NITANAND SHIKSHA SAMITI,DAUSA vs. INCOME TAX OFFICER, EXEMPTION WARD, ALWAR

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ITA 192/JPR/2019Status: DisposedITAT Jaipur21 August 2019AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was prevented by a reasonable cause from appearing before the AO and that crucial documents for exemption claims needed examination. Therefore, the matter was restored to the AO for a fresh decision after providing a proper opportunity to be heard.

What were the facts?

The assessee, an educational institution, filed its first return after registration under Section 12AA. The Assessing Officer (AO) passed an ex parte order under Section 144, stating the assessee did not appear. The assessee claimed they visited the AO's office but the AO was unavailable, and the order was passed before they could present necessary documents.

What were the issues?

Whether the ex parte order passed by the AO was justified due to the assessee's non-appearance, and if the assessee had a reasonable cause for not being able to present documents.

Which sections of the Income-tax Act were involved?

Section 144,Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR

Before: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM vk;dj vihy la-@ITA No. 192/JP/2019

For Appellant: Shri K.L. Moolchandani (CA) jktLo dh vksj ls@
Hearing: 09/08/2019Pronounced: 21/08/2019

ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the order of ld.CIT(A), Alwar dated 21/12/2018 for the A.Y. 2014-15 in the matter of ex parte order passed U/s 144 of the Income Tax Act, 1961 (in short, the Act).

2.

In this appeal, the assessee is basically aggrieved for not providing due and reasonable opportunity by the A.O. and passing ex parte order.

1.

2 ITA 192/JP/2019_ M/s Nitanand Shiksha Samiti Vs ITO(E) 3. The ld AR of the assessee invited our attention to the documents asked by the A.O. in his ex parte order and for want of the same, addition was made. The ld AR also filed an affidavit in support of the contention that on the date fixed for hearing on 22/11/2016, the ld AR of the assessee has visited the office of the A.O. but the A.O. was not available in his chair, therefore, after waiting for the some time he left the office. On the next visit to the office of A.O., it was informed that the assessment order has already been completed ex parte on 28/11/2016.

4.

We have considered the rival contentions and found from the record that the assessee is an educational institution and registered U/s 12AA of the Act w.e.f. 05/10/2015 vide order dated 19/08/2016. After registration this was the first return filed by the assessee. However, the A.O. has passed ex parte order on the plea that the assessee did not appear. As per the affidavit placed on record, the assessee was prevented by reasonable cause and moreover he appeared before the A.O. but the A.O. was not available. Documents filed by the assessee before us goes to the root of the issue which are required to be examined by the A.O. while deciding eligibility of the assessee’s claim of exemption. Therefore, in the substantial interest of justice, we restore the matter back to the file of the A.O. for deciding the issue afresh after giving due

3 ITA 192/JP/2019_ M/s Nitanand Shiksha Samiti Vs ITO(E) and reasonable opportunity of being heard to the assessee. The assessee is also directed to appear before the A.O. within two months from the date of receipt of this order. We direct accordingly.

5.

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

Order pronounced in the open court on 21st August, 2019

Sd/- Sd/- ¼fot; iky jko½ ¼jes'k lh 'kekZ½ (VIJAY PAL RAO) (RAMESH C SHARMA) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 21st August, 2019 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- M/s Nitanand Shiksha Samiti, Dausa. 1. izR;FkhZ@ The Respondent- The I.T.O. (E), Ward-Alwar. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 192/JP/2019) 6. vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत

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