TAKSHASHILA EDUCATION AND CHARITABLE TRUST,AHMEDABAD, GUJARAT vs. CIT(EXEMPTION), AHMEDABAD, AHMEDABAD, GUJARAT

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ITA 2055/AHD/2024Status: DisposedITAT Ahmedabad11 February 2025Bench: DR.BRR KUMAR (Vice President), SHRI T.R. SENTHIL KUMAR (Judicial Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal determined that the assessee was not afforded a proper opportunity of being heard. It directed the Ld. CIT(E) to re-examine the matter afresh, ensuring the assessee is given a full opportunity to present all required details without seeking unnecessary adjournments.

What were the facts?

The assessee's application for approval under Section 80G(5)(iii) was summarily dismissed ex-parte by the CIT(E) for alleged non-submission. The assessee contended that they could not respond to notices due to issues with email delivery to the trustee and expressed willingness to provide all necessary details.

What were the issues?

Whether the CIT(E) was justified in passing an ex-parte order and rejecting the Section 80G(5)(iii) application without providing a proper opportunity of being heard to the assessee.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: DR.BRR KUMAR & SHRI T.R. SENTHIL KUMAR

For Appellant: Shri Subash Agarwal, AR
Hearing: 10.02.2025Pronounced: 11.02.2025

O R D E R PER: DR. BRR KUMAR, VICE PRESIDENT: The captioned appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Exemption), National Faceless Appeal Centre, Delhi, vide order dated 22.10.2024.

2. The Assessee has taken the following grounds of appeal:-

1.

For that on the facts and in the circumstances of the case, the Ld. CIT(Exemption), Ahmedabad was not justified in passing an ex-parte order..

2.

For that on the facts and circumstances of the case, the Ld.CIT(Exemption), Ahmedabad was not justified in rejecting the application for grant of approval Asst.Year NA - 2– u/s.80G(5)(iii) filed by the assessee trust in Form no.10AB and cancelling the provisions approval.

3.

We have gone through the record before us and find that the application of the assessee has been summarily dismissed, holding that the assessee has neither filed any submission nor sought any adjournment in the case. On going through the record, we find that the assessee could not respond to the notices owing to the failure of observance to the notices issued on email to the trustee and now undertake to file all necessary details.

4.

On going through the record, we find that no prejudice will be caused to the revenue if the opportunity of being heard is given to the assessee. Hence, we hereby direct that the matter may be examined afresh by the Ld.CIT(E). The assessee shall submit all the details sought by the Ld.CIT(E) from time to time without taking unnecessary adjournments.

5.

In the result, the appeal of the assessee is allowed for statistical purposes.

This Order pronounced in Open Court on 11.02.2025

1. Sd/- Sd/- (T.R. SENTHIL KUMAR) (DR. BRR KUMAR) JUDICIAL MEMBER VICE PRESIDENT (True Copy) Ahmedabad; Dated 11.02.2025 Manish, Sr. PS TRUE COPY आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad

ITA No.2055/Ahd/2024 Asst.Year NA - 3–

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