M/S. SECOND INNINGS,BANGALORE vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), BENGALURU
What did the Tribunal hold?
The Tribunal found the CIT(Exemption)'s order to be cryptic and lacking proper reasoning. It held that the application required a fresh examination by the CIT(Exemption) after affording the assessee an adequate opportunity of being heard.
What were the facts?
The assessee filed an application for recognition under Section 80G of the Income-tax Act. The CIT(Exemption) rejected the application without providing a further opportunity to the assessee, citing insufficient activities.
What were the issues?
Whether the CIT(Exemption) erred in rejecting the application for 80G recognition without providing a proper opportunity for the assessee to be heard and without sufficient reasoning.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C’’BENCH: BANGALORE
Before: SHRI B. R. BASKARAN & SMT. BEENA PILLAI
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the order dated 20.9.2019 passed by Ld. CIT(Exemptions), Bangalore rejecting the application filed by the assessee seeking recognition u/s 80G of the Income-tax Act,1961 ['the Act' for short].
None appeared on behalf of the assessee. We also noticed that notice was sent to assessee by registered post on the earlier occasion and the same was duly acknowledged. Subsequently, on one occasion, an adjournment letter was received from M/s. Dagliya & Company, seeking adjournment with undertaking that they will
M/s. Second Innings, Bangalore
Page 2 of 3 furnish power of attorney. However, no power of attorney has been filed till date. Hence, we proceed to dispose of the appeal ex-parte, without presence of the assessee.
We heard Ld. D.R. and perused the record. We notice that the details called for from the assessee by Ld CIT(E) during the course of processing of application filed by the assessee seeking recognition u/s 80G of the Act were duly filed before him by the assessee. However, the Ld. CIT(E) has rejected the application without giving further opportunity to the assessee, by observing that the assessee has not carried out sufficient activities. In our view, the order so passed by Ld. CIT(E) is cryptic in nature and lacks proper reasoning. We notice that the Ld CIT(E) has not pointed out failure of the assessee to comply with the conditions prescribed for granting the recognition. Accordingly, we are of the view that the application filed by the assessee seeking recognition u/s 80G of the Act requires fresh examination at his end. Accordingly, we set aside the order passed by Ld. CIT(E) and restore the issue to his file for examining the application of the assessee afresh after affording adequate opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee is treated as allowed for statistical purposes. Order pronounced in the open court on 12th Aug, 2021 Sd/- Sd/- (Beena Pillai) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 12th Aug, 2021. VG/SPS
M/s. Second Innings, Bangalore
More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Pareshbhai Savjibhai Khunt, Rajkot vs Income Tax Officer Ward - 2(2)(3), RajkotITA 842/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- 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
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