CLEAN MEERUT,MEERUT UP vs. ITO(EXCEMPTIONS), GHAZIABAD

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ITA 1493/DEL/2019Status: DisposedITAT Delhi08 October 2021AY 2018-193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the ex-parte order of the CIT(E) and restored the matter back to the CIT(E)'s file. The CIT(E) was directed to provide the assessee with a proper opportunity to present their case and submit documents.

What were the facts?

The assessee's application under Section 12A of the Income Tax Act was decided ex-parte by the CIT(E). The assessee claimed they were not given adequate opportunity to present their case and file necessary documents.

What were the issues?

Whether the CIT(E) provided adequate opportunity to the assessee before passing an ex-parte order. Whether the matter should be restored to the CIT(E) for a fresh decision after granting proper opportunity.

Which sections of the Income-tax Act were involved?

Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “B” BENCH: NEW DELHI

Before: SHRI ANIL CHATURVEDI & SHRI SANJAY GARG

For Respondent: Ms. Nidhi Srivastava, CIT-DR
Hearing: 05.10.2021

ORDER Per Sanjay Garg, Judicial Member :

The present appeal has been preferred by the assessee against the order dated 07.12.2018 of the Ld. Commissioner of Income Tax, Exemption, Lucknow (hereinafter referred to ‘(CIT(E)’) for the Assessment Year 2018-19.

2.

At the outset, the Ld. Counsel for the assessee has invited out attention to the impugned order of the Ld. CIT(E) and submitted that the same is an ex-parte order. The Ld. AR of the assessee has submitted that the Ld. CIT(E) did not provide adequate opportunity to the assessee to present its case and to file the necessary documents. That only one opportunity was granted and due to the short time period, the assessee could not produce requisite details. Thereafter, the Ld. CIT(E) decided the application of the assessee u/s 12A of the Income Tax Act, 1961 (hereinafter referred to ‘the Act’) ex-parte of the assessee. The Ld. Counsel for the assessee has further submitted that in the interest of justice, the matter may be restored back to the file of the Ld. CIT(Exemp.) and the assessee may be given proper opportunity to present its case and produce relevant document necessary for the just decision of the case.

3.

The Ld. DR, though, has relied upon the order of the Ld. CIT(Exemp.) however, has not objected to the restoration of the matter to the file of the Ld. CIT (Exemp.).

4.

In view of this, the impugned order of the Ld. CIT(Exemp.) is set-aside and the matter is restored to the file of the Ld. CIT(Exemp.) with a direction to give the assessee proper opportunity to present its case and furnish the necessary documents/evidences and then decide the application of the assessee in accordance with law.

5.

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

Order was pronounced in the Open Court on 08/10/2021.

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