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Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI K.N. CHARY
ORDER PER K. NARSIMHA CHARY, J.M. This is an appeal by the assessee challenging the order dated 10.05.2013 in appeal no. 73/598/2010-11/NOIDA passed by the Ld. CIT (A)-Noida, U.P.
Brief facts of the case are that the appellant-assessee is a Society registered under Registrar of Society UP on 11.08.2009 and running Hierank Business School, HBS and is running undergraduate course BBA, BCA and B. Sc (Biotech) under CCs University and filed its return of income on 31.03.2009 declaring Nil income and by way of order dated 29.11.2010 u/s 143 (3) of the Act the AO reached the net taxable income of the Society at 1
Rs. 40,10,568/-. Appeal preferred by the assessee was dismissed by the Ld. CIT (A) by way of impugned order. Hence, the assessee is before us in this appeal.
At the outset, it is submitted by the Ld. AR that against the order of the Ld. Commissioner of Income Tax refusing to grant registration of the assessee u/s 12AA of the Act, an appeal in of 2009 was preferred and the matter was remanded to the file of the CIT for considering the same afresh, and the same is pending as such it would be just and proper to remand this matter also to the file of the AO to consider the claim of the assessee afresh in the light of the facts involved in the application for registration of the assessee u/s 12AA of the Act. Per contra, Ld. DR submits that no documents are produced so far in support of the claim of the assessee as such no useful purpose may be served by remanding the matter.
On a consideration of the matter before us, we find that absolutely there is no dispute in the submission of the Ld. AR that against the refusal of grant registration u/s 12AA of the Act an appeal was preferred in of 2009, said appeal was disposed of remanding the matter for re-adjudication after giving the assessee adequate opportunity to substantiate their claim. It
is also not in dispute that the matter is still pending with the Ld.CIT. In these circumstances, we are of the opinion that the ends of justice would be served adequately by setting aside this matter to the file of the AO to dispose of afresh in the light of the disposal of the application of the assessee u/s 12AA of the Act by the Ld. CIT. With this view of the matter, we disposed of this appeal accordingly.
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 05th May, 2017