SRI GHANCHI SAMAJ PURNESHWAR DHAM TRUST,BANGALORE vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), BANGALORE

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ITA 476/BANG/2020Status: DisposedITAT Bangalore09 October 20203 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee did not have a proper opportunity of being heard as the CIT(Exemptions)'s letter was not served. Therefore, the order of the CIT(Exemptions) was set aside.

What were the facts?

The assessee, a trust, applied for registration under Section 12AA. The CIT(Exemptions) rejected the application as the assessee failed to provide requested details, citing a returned letter from postal authorities. The assessee claimed the letter was not received, thus not providing an opportunity to be heard.

What were the issues?

Whether the CIT(Exemptions) rightly rejected the registration application without providing a proper opportunity of being heard to the assessee. Whether the appeal was filed within the extended time limit due to the Taxation & Other Laws (Relaxation of Certain Provisions) Ordinance, 2020.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 12AA(1)(b)(ii),Section 2(15)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI N V VASUDEVAN & SHRI B R BASKARAN

For Appellant: Smt. Suman Lunkar, CA
For Respondent: Shri K. Devarathna Kumar, CIT(DR)(ITAT), Bengaluru
Hearing: 06.10.2020Pronounced: 09.10.2020

Per N.V. Vasudevan, Vice President

1.

This appeal by the assessee is directed against the order of CIT(Exemptions), Bangalore [CIT(E)] dated 20.09.2019 passed u/s. 12AA(1)(b)(ii) of the Income Tax Act, 1961 [the Act].

2.

The impugned order of CIT(E) was served on the assessee on 09.03.2020. The appeal ought to have been filed before the Tribunal on or before 8.5.2020, but the appeal was filed on 9.6.2020. The Registry has raised an objection that the appeal is time barred by 31 days. The assessee has, however, pointed out that as per the Taxation & Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 dated 31.3.2020, wherein u/s. 6 it has been provided that the time limit specified in any Act to which the aforesaid Ordinance applies which expires during the period from 20.3.2020 to 29.6.2020, shall sand extended to 30.6.2020. This appeal has been filed on 9.6.2020 and therefore it cannot be said that there is a delay in filing the appeal.

3.

As far as the merits of the appeal is concerned, the assessee is a trust. According to assessee, the objectives of the trust are charitable in nature within the meaning of section 2(15) of the Act. The assessee filed an application in Form 10A for grant of registration u/s. 12AA of the Act on 20.3.2019. By a letter dated 6.9.2019, the CIT(E), Bangalore called for certain details. It appears that the letter so sent to the assessee was returned by the postal authorities unserved. Since the letter sent to the assessee was returned by the postal authorities, the CIT(E) concluded that the assessee failed to establish that the objectives of assessee was charitable and also about the genuineness of its activities. The CIT(E) accordingly rejected the application of assessee for grant of registration.

4.

The ld. counsel for the assessee submitted that it is only owing to the non-receipt of the letter of CIT(E) dated 6.9.2019 that the assessee did not furnish the required details. The ld. counsel for the assessee submitted that the assessee did not have proper opportunity of being heard before the CIT(E) and therefore submitted that refusal of assessee’s application for grant of registration u/s. 12AA cannot be sustained.

5.

We have carefully considered the plea of assessee and are satisfied that the assessee did not have proper opportunity of being heard before the CIT(E). The letter dated 6.9.2019 was not served on the assessee. In these circumstances, we set aside the order of CIT(E) and direct him to afford opportunity of being heard to the assessee and also afford opportunity of putting forth the necessary documents demanded to decide the issue of grant of registration in accordance with law. Accordingly, the order of CIT(E) is set aside and remanded back to him for fresh consideration.

6.

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

Pronounced in the open court on this 9th day of October, 2020.

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