SRI PALAVADI SASTHA SEVA SAMAJAM TRUST,CHENNAI vs. THE CIT(EXEMPTIONS), CHENNAI

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ITA 103/CHNY/2021Status: DisposedITAT Chennai11 May 2022AY 2019-203 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT (Exemptions) did not provide a reasonable opportunity of hearing to the assessee before rejecting the application. Therefore, the order of the CIT needs to be set aside for fresh consideration.

What were the facts?

The assessee, a trust, applied for registration under Section 12AA of the Income Tax Act. The CIT (Exemptions) rejected the application for non-furnishing of details and lack of appearance, despite only one opportunity being given.

What were the issues?

Whether the CIT (Exemptions) provided a reasonable opportunity of hearing to the assessee before rejecting the application for registration under Section 12AA.

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: SHRI MAHAVIR SINGH, VICE- & SHRI G. MANJUNATHA

Hearing: 11.05.2022

order passed by the Commissioner of Income Tax (Exemption), Chennai, dated 31.01.2019 and pertains to assessment year 2019-20.

2.

Brief facts of the case are that the assessee is a trust filed application in Form No.10A for registration u/s.12AA of the Income Tax Act, 1961. During the course of proceedings before the CIT (Exemptions), while processing application, the assessee was called upon to furnish necessary clarification/explanation and accordingly, e-mail communication dated 23.10.2018 was sent to the assessee. The assessee neither appeared nor filed any details. Therefore, the CIT (Exemption) has rejected application filed by the assessee in Form No.10A for registration of trust u/s.12AA of the Income Tax Act, 1961. Aggrieved by the learned CIT (Exemption) order, the assessee is in appeal before us.

3.

None appeared for the assessee. We have heard learned DR and perused order passed by the CIT (Exemption) u/s.12AA(1)(b)(ii) of the Income Tax Act, 1961, dated 31.01.2019. We find that CIT (Exemption) has disposed off application filed by the assessee in Form No.10A for registration of trust u/s.12AA of the Act, without providing reasonable opportunity of hearing to the assessee, which is evident from fact that the CIT (Exemption) has given one opportunity of hearing to the assessee. No doubt, when the assessee/applicant does not show any interest in pursuing its case, then the authorities have left with no option, but to complete proceedings on the basis of materials available on record in accordance with law, but such proceedings should be completed after giving reasonable opportunity of hearing to the assessee in light of principles of natural justice. In this case, the CIT (Exemption) has neither given sufficient opportunity of hearing to the assessee nor decided eligibility of the assessee trust for registration u/s.12AA of the Income Tax Act, 1961.

Therefore, we are of the considered view that the issue needs to go back to the CIT (Exemption) for fresh consideration.

Hence, we set aside order passed by the CIT (Exemption) and restore the issue back to the file of CIT (Exemption) to reconsider the issue afresh in accordance with law, after providing reasonable opportunity of hearing to the assessee.

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