SHRI BAHUBALI VIDYAPEETHA,KOLHAPUR vs. CIT EXEMPTION, PUNE, PUNE

The sole greviance of the assessee is that Ld. CIT(E) erred in rejecting the application filed by the assessee for granting approval u/s 80G(5) of the Act.

At the outset Ld. Counsel for the assessee submitted that the assessee is a Charitable Trust registered in the year 1963 with the primary object of imparting Education. Assessee Trust is duly registered u/s 12A of the Act. He fairly submitted that certain details called for by Ld. CIT(E) could not be furnished but now the assessee possess all the details and want to submit them before Ld. CIT(E). Prayer made to provide one more opportunity to go before Ld. CIT(E). Reference made to the documents filed in the Paper Book running into 364 pages.

On the other hand Ld. Departmental Representative (DR) though supported the impugned order but fairly did not oppose to the request made by Ld. Counsel for the assessee.

We have heard rival contentions and perused the record placed before us. The application for approval u/s 80G(5) of the Act has been rejected for non submission of certain details called for by Ld. CIT(E) to examine the claim of the assessee made in the application filed on Form No. 10AB under clause (iii) of first proviso to section 80G(5) of the Act. Considering the request made by Ld. Counsel for the assessee and in the larger interest of justice, we hereby restore the issues raised in the instant appeal back to the file of Ld. CIT(E) for necessary adjudication and to decide in accordance with law. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes.

In the result appeal of the assessee is allowed for statistical purposes.