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Income Tax Appellate Tribunal, ‘B’ BENCH, BENGALURU
Before: SHRI INTURI RAMA RAO & SHRI LALIET KUMAR
Date of hearing : 02/03/2017 Date of pronouncement : 04/04/2017 O R D E R
Per INTURI RAMA RAO, AM :
This is an appeal filed by the assessee directed against the order of the CIT(Exemption), Bengaluru, dated 31/08/2015 passed u/s 12AA(1)(b)(ii) of the Income-tax Act,1961 [‘the Act’ for short] denying grant of registration to the assessee-trust under the provisions of section 12AA of the Act.
The appellant raised the following grounds of appeal:
3. The appellant is a trust registered under the provisions of the Societies Registration Act. The appellant filed an application in Form 12A for registration u/s 12AA of the Act on 23/02/2015. The CIT(Exemption) held that the assessee was not interested in prosecution of the application and on this reason, the application was rejected.
Being aggrieved, the assessee is before us in the present appeal. Learned AR of the assessee vehemently argued that the Page 3 of 3 CIT(Exemption) has gone beyond his power to inquire into issues which have to be considered only at the stage of assessment proceedings of the trust. Learned AR of the assessee prayed that the issue may be restored back to the file of the CIT(Exemption) for de novo examination.
The learned DR has no serious objection for sending back the matter for de novo examination by the CIT(Exemption). In the circumstances, we remit the issue back to the file of the CIT(Exemption) for de novo consideration of the application after affording due opportunity of being heard to the assessee.
In the result, the appeal of the assessee is treated as allowed for statistical purposes.