SHRI BANKE BIHARI EDUCATION SOCIETY,BULANDSHAHR vs. CIT (E), LUCKNOW

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ITA 2631/DEL/2015Status: DisposedITAT Delhi31 July 20183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the file to the CIT(E) for reconsideration of the application. The assessee was directed to cooperate fully in the proceedings to allow for proper opportunity.

What were the facts?

The assessee society applied for registration under Section 12A of the Income Tax Act. The CIT(E) rejected the application due to non-compliance and failure to verify the genuineness of activities, noting no educational activities had commenced.

What were the issues?

Whether the CIT(E) was justified in rejecting the Section 12A registration application without providing adequate opportunity and considering the stage of commencement of activities.

Which sections of the Income-tax Act were involved?

Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G”, NEW DELHI

Before: SH. G.D. AGRAWAL & SH. SUDHANSHU SRIVASTAVAShri Banke Bihar Education

Hearing: 18.07.2018Pronounced: 31.07.2018

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER :

1.

This appeal is filed by the assessee against order passed by the Ld. Commissioner of Income Tax (Exemptions), Lucknow wherein vide the impugned order dated 30.03.2015, the Ld. CIT (E) has rejected the assessee’s application for registration u/s 12A of the Income Tax Act, 1961 (hereinafter called as the ‘Act’). mentioned that due to non-compliance of the assessee on 27.03.2015, the genuineness of the activities of the assessee society could not be verified. The Ld. CIT (E) has also noted that, admittedly, no educational activities had been commenced at the time of passing of the order.

3.

The Ld. Authorised Representative has submitted that all these details were available with the assessee society and opportunity may be given to the assessee to prove the genuineness

4.

The Ld. CIT DR opposed the prayer of the Ld. Authorised Representative and submitted that the assessee society had already been given due opportunity but the same was not availed by the assessee society and, therefore, no further opportunity should be given.

5.

We have heard the rival submissions and have also perused the material on record. Looking into facts and circumstances of the case and in interest of justice we deem it expedient to restore the file of the office of the Ld. CIT (E) with the direction to reconsider the application of the assessee and pass the order in accordance with law after giving proper opportunity to the assessee. The assessee is directed to fully cooperate in the proceedings this time.

6.

In the final result, the assessee’s appeal stands allowed for statistical purposes.

(Order pronounced in the open court on 31st July, 2018).

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