SUSHRUTA EDUCATION TRUST,NEW DELHI vs. CIT(E), NEW DELHI

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ITA 5440/DEL/2019Status: DisposedITAT Delhi17 October 2019AY 2019-202 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the interest of justice would be served by remanding the matter back to the CIT(Exemption) for a fresh examination. The assessee was directed to comply promptly with future notices.

What were the facts?

The assessee, Sushruta Education Trust, applied for registration under Section 12AA and exemption under Section 80G. The CIT(Exemption) rejected the applications due to non-compliance with notices and requests for information.

What were the issues?

Whether the CIT(Exemption) was justified in rejecting the application for registration and exemption solely on the grounds of non-compliance without a fresh examination of the merits.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

Hearing: 29.08.2019Pronounced: 17.10.2019

Heard together (2 matters)

ITA No. 5439/Del/2019
ITA No. 5440/Del/2019

Read from the judgment's own cause title. This page is filed under one of them.

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeals have been filed by the assessee against the orders of the ld. CIT(Exemptions), New Delhi dated 15.05.2019.

2.

Sh. N.C. Swain, the ld. CIT(Exemptions), New Delhi, disposed off by a common order rejecting the claim of the assessee for registration u/s 12AA and exemption u/s 80G. It was held that the assessee filed part details on 04.01.2019 and has not complied to the letters issued on 16.04.2019 and on 07.05.2019. Owing to the non-compliance, the ld. CIT (E) rejected the applications of the assessee.

3.

The ld. AR argued that the prayer for exemption cannot be rejected at the initial stage of making the application u/s 12AA & 5440/Del/2019 2 Sushruta Education Trust of the Act. He prayed that given an opportunity all the submission would be made before the authorities. The ld. DR principally objected to the remand of the case.

4.

On going through the record, we hold that the interest of the justice would be well served by remanding the matter to the file of the ld. CIT(E) to examine the matter afresh and to take a decision in accordance with the provisions of the Income Tax Act. The assessee is also directed to comply promptly to the notices issued by the authorities from time to time and furnish all the details called for without seeking any unnecessary adjournments.

5.

In the result, both the appeals of the assessee are allowed for statistical purpose. Order Pronounced in the Open Court on 17/10/2019.

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