SHRI MOHRI PARSHVANATH JAIN DERASAR TRUST,TINTOI vs. CIT (EXEMPTION), AHMEDABAD

The assessee in this appeal is aggrieved by the action of the Ld. CIT(E) in rejecting the application of the assessee trust for renewal of the registration u/s.12A of the Income Tax Act, 1961 (hereinafter referred to as the “Act”).

At the outset, Ld. Counsel for the assessee submitted that the assessee trust had sought a 10 days’ time adjournment for the requisite documents may be collected and furnished before the Ld. CIT(E). However, the Ld. CIT(E) did not grant adjournment and proceeded to decide the appeal. Ld. Counsel for the assessee has submitted that the assessee has a fair case on merits and he may be given an opportunity to present its case before the Ld.CIT(E).

Considering the above submissions and going through the impugned order of the Ld. CIT(E), we are of the view that interests of justice will be well served, if the assessee be given an opportunity to present its case before the Ld.CIT(E). Accordingly, the impugned order of the Ld.CIT(E) in relation of the application is hereby set aside and the matter is restored to the file of the Ld.CIT(E) for decision afresh on the application of the assessee. Needless to say that the Ld.CIT(E) will give proper and adequate opportunity to the assessee to present its case and, thereafter, will decide the application on merits in accordance with law. The

In the result, the appeal filed by the assessee trust is treated as allowed for statistical purposes.