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Income Tax Appellate Tribunal, “B/SMC” BENCH, CHENNAI
सुनवाई की तारीख/ : 13-09-2022 Date of Hearing घोषणा की तारीख / : 13-09-2022 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AYs) 2015- 16 & 2016-17 arises out of separate orders passed by Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 08.06.2022. The Ld. AR drew attention to the order of Tribunal in order dated 24.08.2022 wherein the matter of registration u/s 12AA has been restored back to the file of Ld. CIT (Exemptions). The Ld. AR also sought shelter of 2nd proviso to sub- section (2) of Sec.12A. The Ld. Sr. DR submitted that no deduction could & 645/Chny/2022 - 2 - be granted in the absence of valid registration. Having heard rival submissions, my adjudication would be as under.
Facts in AY 2015-16 are that the assessee was assessed u/s 143(3) r.w.s. 147 on 27.12.2019 since the assessee made cash deposit of Rs.101.36 Lacs. The assessee was neither notified u/s 10(23C)(vi) nor registered u/s 12AA of the Act. Accordingly, the assessable income was determined at Rs.21.08 Lacs.
The Ld. CIT(A) noted that the registration application was filed by the assessee on 11.11.2019 which stood rejected on 31.08.2020. The registration was not granted to the assessee till the pendency of assessment proceedings before AO and therefore, the action of Ld. AO in assessing the income was upheld. Similar are the facts in AY 2016-17. Aggrieved, the assessee is in further appeal before us for both the years.
Upon perusal of para-6.2 of the cited order of Tribunal, it could be seen that the order rejecting registration u/s 12AA has been set-aside by the co-ordinate bench and directions have been given to Ld. CIT(E) to decide the application afresh. I find that the disposal of this application would have material bearing on the assessment of the assessee. The registration application has been restored back to its original position and Ld. CIT(E) has been directed to dispose-of the same after providing opportunity of hearing to the assessee. Therefore, I restore both the appeals back to the file of Ld. CIT(A) for de-novo adjudication after considering the fate of registration application as filed by the assessee before Ld. CIT(Exemptions). & 645/Chny/2022 - 3 -
Both the appeals stand allowed for statistical purposes.
Order pronounced on 13th September, 2022.