YOURE ARE WOUNDERFUL PROJECT ,DELHI vs. CIT(EXEMPTION), DELHI

“On facts and circumstances prevailing in the case and as per the provisions of the law, Ld. Commissioner of Income Tax Exemptions ("Ld. CIT(E)") has erred in not granting registration u/s 80G(5)(iii) is hereby rejected without granting proper opportunity of being heard.

In ITA No. 730/Del/2024, following grounds have been raised by the assessee:

On the facts and circumstances prevailing in the case and as per the provisions of the law, Ld. CIT(E) has erred in rejecting the application filed by the Appellant in Form IOAB u/s 12A(1)(ac)(iii) of the Income tax act, 1961 and order passed u/s 12AB(1 cancellation of the registration granted u/s 12AB r.w.s 12A(1)(ac)(vi) is improper, unwarranted, unjustified and contrary to the provision of the Act and facts prevailing in the case.”

At the outset, the ld. AR submitted that the assessee could not make their submissions before the ld. CIT(E) and hence, the order has been passed summarily rejecting the application of the assessee.

We have gone through the order of the rejection passed b y the ld. CIT(E) and of the considered opinion that no prejudice would be caused to the Revenue if an opportunity of being heard is given to the assessee. Hence, the matter is remanded to ld. CIT(E) to pass an order de novo after affording an opportunity of being heard to the assessee. & 730/Del/2024 3 Youre Are Wounderful Project 6. In the result, the appeals of the assessee are allowed for statistical purpose. Order Pronounced in the Open Court on 31/07/2024.