AANAND FOUNDATION ,MUMBAI vs. CIT EXEMPTIONS , MUMBAI

Before us, the learned counsel submitted that the aforesaid non-compliance was occasioned by bona fide circumstances and was neither deliberate nor intentional. It was further submitted that the assessee is ready and willing to furnish all the requisite documents, explanations and supporting evidences as may be called for by the learned CIT (Exemption) and prayed that one effective opportunity may be granted so that its claim can be examined on merits.

Having considered the rival submissions and the material available on record, we are of the considered opinion that the impugned order has been passed primarily on account of non-compliance with the notice issued during the course of the proceedings, without the assessee’s claim being examined on the basis of the relevant material. In the facts and circumstances of the case, the ends of justice would be adequately served by restoring the matter to the file of the

Accordingly, we set aside the impugned order and restore the matter to the file of the learned CIT (Exemption) with a direction to examine the assessee’s application afresh in accordance with law after affording a reasonable and effective opportunity of hearing. The assessee shall furnish all the documents, evidences and other particulars as may be required by the learned CIT (Exemption), who shall thereafter consider the same objectively and pass a reasoned and speaking order in accordance with law.

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