INDIAN RED CROSS SCOIETY,RADHANPUR vs. THE CIT (EXEMPRION), AHMEDABAD

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ITA 440/AHD/2020Status: DisposedITAT Ahmedabad14 July 20222 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was not granted sufficient opportunity to present its case before the CIT(Exemption). Therefore, the issue was restored back to the CIT(Exemption) for a fresh consideration.

What were the facts?

The assessee, Indian Red Cross Society, Radhanpur Taluka Branch, applied for registration under Section 12AA of the Income Tax Act. The CIT(Exemption) denied the registration primarily due to the assessee's non-appearance and failure to furnish details.

What were the issues?

Whether the CIT(Exemption) provided adequate opportunity to the assessee before rejecting the application for registration under Section 12AA.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SMT.ANNAPURNA GUPTA & SHRI SUCHITRA RAGHUNATH KAMBLE

Hearing: 13/07/2022Pronounced: 14/07/2022

आदेश/O R D E R

PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER

1.

Present appeal has been filed by the assessee against order passed by the ld.Commissioner of Income-Tax (Exemption), Ahmedabad [hereinafter referred to as “CIT(E)”] dated 30.6.2020 whereby the Ld.CIT(E) has denied grant of registration under section 12AA of the Income Tax Act, 1961 ("the Act" for short).

2.

At the time of hearing, none appeared on behalf of the assessee.

3.

After hearing ld.DR, we have gone through the order of Ld.CIT(E) and we have noted that the assessee’s application for grant of registration was rejected primarily for the reason that on account of non-appearance of the assessee before the ld.CIT(E), no details were furnished to him so as to verify the eligibility of claim of registration under section 12AA of the Act.

4.

We have noted from the order of the Ld. CIT(E) that the assessee was put to notice of hearing before him only on two occasions, on 20-02-2020 and 30-04-2020 and that too by email. We find that sufficient opportunity was not granted to the assessee to make out his case before the ld.CIT(E). In the interest of justice, therefore, we consider it fit to restore the issue back to the file of Ld.CIT(Exemption) to give adequate opportunity to the assessee to support its application for grant of registration under section 12AA of the Act, and after considering the submissions and details and evidence filed by the assessee, the ld.CIT(E) may pass his order in accordance with law.

5.

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

Order pronounced in the Court on 14th July, 2022 at Ahmedabad.

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