AL MADRASATUL QUADERIATUL MUSTARSHIDIA,BIRBHUM vs. CIT (EXEMPTION), KOLKATA

In this appeal, the assesse has raised the grounds in regard to not granting approval u/s.10(23C) of the Act by the ld. CIT(E) holding that there is no irrevocability clause in the trust deed and the assessee trust could not prove the genuineness of cash deposited in the bank.

Ld Sr DR submitted that proper opportunities were allowed and the assessee could not produce the documents as required before the ld. 2 CIT(E). It was submitted that the order passed by the ld. CIT(E) deserve to be upheld.

We have considered the submission of ld. CIT-DR. On perusal of the impugned order, it is found that the assessee has already shown his inability to produce the documents as required by the ld. CIT(E) during the course of appellate proceedings. A further perusal of the order of the ld. CIT(E), clearly shows that notices were issued to the assessee by the ld. CIT(E), however, proper compliance has not been made by the assessee to the queries raised. In view of the above, even though full details have not been provided by the assesse-trust in regard to substantiate its claim before the ld. CIT(E), however, in the interest of justice, the issues in this appeal are restored to the file of the ld.CIT(E) for readjudication of the issues afresh after granting the assessee an adequate opportunity of being heard. The assesse is directed to provide the details as pointed out by the ld. CIT(E) in the readjudication proceedings positively.