THE ALL-INDIA ANGLO-INDIAN ASSOCIATION,LUCKNOW vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), LUCKNOW
What did the Tribunal hold?
The Tribunal found that the assessee was not given a proper and sufficient opportunity to present its case. Therefore, the order of the CIT (Exemption) was set aside.
What were the facts?
The assessee society applied for registration under Section 12A(a) of the Income Tax Act. The CIT (Exemption) rejected the application as the assessee failed to appear and provide required documents on the specified date.
What were the issues?
Whether the CIT (Exemption) provided a sufficient opportunity to the assessee before rejecting the registration application.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW
Before: SHRI A.D JAIN & SHRI T.S. KAPOOR
PER: A.D. JAIN, VICE PRESIDENT:
This is an appeal filed by the assessee against the order dated 06/06/2018 passed by ld. CIT (Exemption) rejecting the registration u/s 12AA of the I.T. Act.
The facts of the case, in brief, are that the assessee society applied for registration u/s 12A(a) of the Act with CIT (Exemption) vide application dated 13/12/2017. The ld. CIT (Exemption) issued a letter dated 21/04/2018 to the assessee calling for specific queries regarding
2 ITA No. 558/Lkw/2018
the application for registration u/s 12A for compliance on 06/06/2018.
However, none appeared on 06/06/2018 nor any adjournment application was
filed, therefore, ld. CIT (Exemption) rejected the application of the assessee
for registration u/s 12A(a) of the Act on the ground that sufficient material
required for formation of satisfaction has not been produced. 3. Heard. From the order of ld. CIT (Exemption), it is apparent that the
ld. CIT (Exemption) had issued only one letter dated 21/04/2018 calling
for certain queries, documents/clarifications. The assessee could not file
books of account, Bank statement and vouchers and the CIT
(Exemption) passed the order and rejected the application of the
assessee for registration u/s 12A of the Act. In these facts, we feel that
one more opportunity should be given to the assessee to explain its case
before the ld. CIT (Exemption). We are of the view from the facts of the
case that the assessee has not been given proper and sufficient
opportunity before disposing of the application of registration by the ld.
CIT (Exemption). We, therefore, in the interest of justice, set aside the
order of the ld. CIT (Exemption) and restore the matter to his file with the
direction to consider the application of the assessee for registration u/s
12A afresh after giving proper and sufficient opportunity of being heard to
the assessee. The assessee is also directed to be present on the date of
3 ITA No. 558/Lkw/2018
hearing and provide the material / clarification as asked for by the ld. CIT
(Exemption).
In the result, the appeal of the assessee stands allowed for
statistical purposes.
(Order pronounced in the open court on 08/03/2019)
Sd/- Sd/- (T.S. Kapoor) (A.D. Jain) Accountant Member Vice President
Aks – Dtd. 08/03/2019 Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order Assistant Registrar
More judgments on Section 12A
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026