SHREE JAIN SANGH TRUST,THIRUVOTTIYUR vs. CIT [ EXEMPTION ], CHENNAI

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ITA 435/CHNY/2022Status: DisposedITAT Chennai22 June 20222 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter back to the file of the CIT(Exemption) for fresh adjudication. The assessee was granted another opportunity to provide the necessary details and substantiate their application.

What were the facts?

The assessee's application for registration under Section 12AA was rejected by the CIT(Exemption) due to a lack of requisite details. The assessee filed an appeal before the ITAT with a significant delay, which was condoned due to the Covid-19 pandemic.

What were the issues?

Whether the assessee should be granted another opportunity to provide details for registration under Section 12AA after the initial rejection.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI V. DURGA RAO & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of registration application u/s 12AA vide order dated 30.09.2020, the assessee is in further appeal before us. The registry has noted a delay of 544 days in the appeal, the condonation of which has been sought by Ld. AR. Considering the fact that the impugned order was passed during lockdown period arising out of Covid-19 Pandemic, we condone the delay and admit the appeal for adjudication on merits.

1.

/Chny/2022 - 2 - 2. The Ld. AR pleaded to restore the matter back to the file of Ld. CIT(exemption) which was opposed by Ld. CIT-DR.

3.

After going through impugned order, we find that registration has been denied for want of requisite details. Considering the plea of Ld. AR and keeping in view the principle of natural justice, we deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the matter of registration stand restored back to the file of Ld. CIT(E) for fresh adjudication after affording adequate opportunity of hearing to the assessee. The assessee is directed to file requisite details and substantiate the application failing which Ld. CIT(E) shall be at liberty to proceed with disposal of the application on the basis of material on record.

4.

The appeal stand allowed for statistical purposes. Order pronounced on 22nd June, 2022.

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