MAHARISHI DAYANAND EDUCATIONAL SOCIETY,JIND vs. ITO (E), ROHTAK

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ITA 3909/DEL/2019Status: DisposedITAT Delhi13 August 2020AY 2014-154 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) order was passed without giving the assessee a reasonable opportunity of being heard. The matter was restored to the CIT(A) for re-adjudication on merits.

What were the facts?

The assessee, an educational institution, claimed exemption under Section 10(23C)(iiiad) for AY 2014-15. The AO made an addition as the assessee's gross receipts exceeded Rs. 1 crore and it was not registered under Section 10(23C)(vi) or Section 12AA. The CIT(A) dismissed the appeal ex-parte.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal without providing a sufficient opportunity of being heard to the assessee. Whether the assessee is eligible for exemption despite not being registered under Section 10(23C)(vi) or Section 12AA.

Which sections of the Income-tax Act were involved?

Section 10(23C)(vi),Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “SMC-2” : DELHI

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

Hearing: 13.08.2020Pronounced: 13.08.2020

ORDER PER BHAVNESH SAINI, J.M.

This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Hisar, Dated 03.01.2019, for the A.Y. 2014-2015.

2.

In this case assessee filed return of income at NIL income. The A.O. noted that assessee is running an 2 ITA.No.3909/Del./2019 M/s. Maharishi Dayanand Educational Society, Village Dablan, Jind. educational institution and claimed exemption under section 10(23C)(iiiad) of the I.T. Act, 1961. The A.O. noted that assessee has shown gross receipts at Rs.1,03,19,223/- and after debiting various expenses at Rs.89,58,819/-, the net surplus has been shown at Rs.13,60,413/- which was claimed exempt. A.O. noted that assessee’s gross receipts are more than Rs.1 crore and has not registered under section 10(23C)(vi) and is also not registered under section 12AA of the I.T. Act, 1961. Thus, the A.O. made addition of Rs.13,60,413/-. The Ld. CIT(A) in the absence of the assessee dismissed the appeal of the assessee.

3.

Learned Counsel for the Assessee at the outset submitted that assessee has not received any notice from Ld. CIT(A), therefore, order is passed without giving reasonable, sufficient opportunity of being heard to the assessee. He has also submitted that in penalty proceedings, the Ld. CIT(A) found the receipts of the assessee less than the prescribed limit.

4.

The Ld. D.R. on the other hand relied upon the Orders of the authorities below.

3 ITA.No.3909/Del./2019 M/s. Maharishi Dayanand Educational Society, Village Dablan, Jind. 5. We have heard the Learned Representatives of both the parties through video conferencing.

6.

After considering the submissions of both the parties and facts above, we are of the view that the matter requires reconsideration at the level of the Ld. CIT(A). The Ld. CIT(A) in the impugned order did not mention if any notice have been served upon the assessee for hearing of the appeal. It shows that appellate order have been passed without giving reasonable, sufficient opportunity of being heard to the assessee. Further the contention of the Learned Counsel for the Assessee that in penalty proceedings receipts were shown lesser than the prescribed limit which requires adjudication on facts on merits. In this view of the matter, we set aside the Order of the Ld. CIT(A) and restore the appeal of assessee to the file of Ld. CIT(A), Hisar, with a direction to re-decide the appeal of assessee in accordance with law, by giving reasonable, sufficient opportunity of being heard to the assessee.

7.

In the result, appeal of the Assessee allowed for statistical purposes.

4 ITA.No.3909/Del./2019 M/s. Maharishi Dayanand Educational Society, Village Dablan, Jind. Order pronounced in the open Court.

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