A. V. VISION FOUNDATION,,AHMEDABAD vs. PR. CIT (EXEMPTIONS),, AHMEDABAD

By way of this appeal, the assessee appellant has challenged correctness of the order dated 29.09.2017, passed by the learned PCIT, declining application under section 80G(5) of the Income Tax Act 1961, on the following ground :-

While this appeal was being heard, it was noticed that the learned PCIT has dismissed the application rather summarily by observing that “It is noted that there is no charitable activity involved in the trust” and that “It is on commercial scale and levels”, and yet he has also observed that “application is liable to be rejected for want of details”. Learned counsel for the assessee submits that he is ready to furnish all such further particulars as may be requisitioned but the application should be disposed of by way of a speaking order, dealing with specific submissions of the assessee, and after

Learned Departmental Representative does not seriously oppose prayer of the learned counsel, for fresh adjudication on merits, but relies on the stand of the learned PCIT.

Having heard the rival contentions and having perused the material on record, we deem it fit and proper to remit the matter to the file of the learned PCIT, for fresh adjudication after giving yet another reasonable and fair opportunity of hearing to the assessee, in accordance with the law and by way of a speaking order. We order, accordingly.

In the result, the appeal is allowed for statistical purposes in the terms indicated above. Pronounced in the open court today on the 17th September, 2018.