ANDH KALYAN KENDRA,AHMEDABAD vs. THE CIT(EXEMPTION), AHMEDABAD

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ITA 147/AHD/2025Status: DisposedITAT Ahmedabad27 March 2025Bench: Shri Sanjay Garg (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the interest of justice would be served by giving the assessee an opportunity to present its case. Accordingly, the impugned order was set aside and the matter was remanded to the CIT(E) for fresh adjudication.

What were the facts?

The assessee's application for registration under Section 80G of the Income Tax Act was rejected by the CIT(E). The assessee contended that the order was ex-parte because notices were sent to a wrong email ID.

What were the issues?

Whether the ex-parte order passed by the CIT(E) is sustainable when the assessee claims non-receipt of notices due to a wrong email ID. Whether the assessee should be granted an opportunity to present its case.

Which sections of the Income-tax Act were involved?

Section 80G,Section 80G(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH

Before: Shri Sanjay Garg & Shri Makarand V. Mahadeokar

For Appellant: Shri Parin Shah, A.R
For Respondent: Shri A.P. Singh, CIT-D.R

आदेश/ORDER Per Sanjay Garg, Judicial Member:

1.

The present appeal has been filed by the Assessee against the order passed by the Learned Commissioner of Income Tax (Exemption), Ahmedabad [hereinafter referred to as “CIT(E)’] dated 21.11.2024 u/s. 80G(5) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”).

Andh Kalyan Kendra 2. The assessee in this case is aggrieved by the action of the ld. CIT(E) in rejecting the application of the assessee for registration u/s. 80G of the Income Tax Act.

3.

At the outset, the ld. counsel for the assessee has invited our attention to the impugned order of the ld. CIT(E) to submit that the same is an ex-parte order of the CIT(E). The ld. counsel for the assessee has submitted that the notices of hearing were served by the Ld. CIT(E) on a wrong email id and thus did not come to the notice of the assessee trust resulting into the impugned ex-parte order of the ld. CIT(E). Ld. Counsel for the assessee, therefore, has requested that the assessee may be given an opportunity to present its case before the ld. CIT(E).

4.

We are of the view that the interests of justice will be well served, if the assessee is given an opportunity to present its case before ld. CIT(E). Accordingly, the impugned order of the Ld. CIT(E) is set aside and the matter is restored to the file of Ld. CIT(E) for decision afresh. The ld. Ld. CIT(E) will give proper opportunity to the assessee to present its case. The assessee is also directed to furnish its correct email id to Ld. CIT(E) for correspondence. The assessee will take note of the emails/notices issued by the Ld. CIT(E) and will actively participate in the proceedings before Ld. CIT(E) and furnish the requisite documents. The Ld. CIT(E), thereafter, will decide the application of the assessee in accordance with the law.

Andh Kalyan Kendra 5. With the above observation, the appeal of the assessee is treated as allowed for statistical purposes.

Order pronounced in the open court on 27-03-2025 Sd/- Sd/- (Makarand V. Mahadeokar) (Sanjay Garg) Accountant Member Judicial Member Ahmedabad : Dated 27/03/2025 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद

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