SUSHILA SHYAMA CHARAN SAHA FOUNDATION,KOLKATA vs. CIT(E), KOLKATA, KOLKATA

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ITA 1399/KOL/2017Status: DisposedITAT Kolkata07 March 20182 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(E)'s order was cryptic and lacked any discernible reasons, making it bad in law. The matter was remanded back to the CIT(E) to pass a speaking order after providing a reasonable opportunity to the assessee.

What were the facts?

The assessee foundation applied for approval under Section 80G of the Income-tax Act. The CIT(E) rejected the application without providing any specific reasons, stating only that it was not a fit case.

What were the issues?

Whether the rejection of an application for approval under Section 80G without assigning specific reasons is legally sustainable.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Hearing: 20.12.2017Pronounced: 07.03.2018

ORDER

Per Shri A.T.Varkey, JM

1.

This is an appeal preferred by the assessee foundation against the action of Ld. CIT(E), Kolkata not granting approval u/s. 80G of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) vide order dated 04.05.2017.

2.

The assessee foundation came into existence vide Deed of Trust executed on 09.09.2016 and filed an application in Form 10G for approval of exemption u/s. 80G of the Act on 04.11.2016. The Ld. CIT(E) has observed that the Ld. AR appeared and furnished documents as per requisition and that during hearing dated 11.04.2017 specific questions were asked regarding why the Trust needs approval u/s. 80G of the Act and then the Ld. CIT(E) observed that the case was discussed with him and after hearing the case he was of the view that this is not a fit case for approval u/s. 80G of the Act. The aforesaid fact emanating from the impugned order, which Ld. CIT(E) has observed is reproduced as under: “Shri Anil Kochar, A/R, appeared from time to time and furnished documents as per requisitions. During hearing dated 11.04.2017, specific questions were asked regarding why the Trust needs 2 Sushila Shyama Charan Saha Foundation AY- 2017-18 approval u/s. 80G. the case was also discussed with him. After the hearing and discussions with him I am of the view that this is not a fit case for approval u/s. 80G of I. T. Act, 1961. Therefore, the application for approval u/s. 80G is REJECTED. This is also held that, the applicant Trust is not approved for exemption to donations u/s. 80G of the Income-tax Act, 1961.” 3. We have heard rival submissions and gone through the facts and circumstances of the case. The main grievance of the assessee is that the application for approval u/s. 80G of the Act has been rejected by the Ld. CIT(E) without assigning any reason. After perusal of the order, we find that it is cryptic in nature and has not spelt out any reason for rejecting the application for approval u/s. 80G exemption, when the assessee is enjoying 12AA registration. It has to be remembered that the reason is the soul of a judicial or quasi judicial order. The impugned order lacks any reason whatsoever discernible from the same which makes the order bad in law for arbitrariness on the part of the Ld. CIT while adjudicating the application for approval u/s. 80G of the Act. Therefore, we set aside the order of the Ld. CIT(E) and remand the matter back to the file of the Ld. CIT(E) to pass a speaking order in accordance to law after giving reasonable opportunity of being heard to the assessee. Appeal of assessee is allowed for statistical purposes.

4.

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

Order is pronounced in the open court on 07.03.2018 Sd/- Sd/- (P. M. Jagtap) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 7th March, 2018 Jd.(Sr.P.S.) Copy of the order forwarded to: 1. Appellant – Sushila Shyama Charan Saha Foundation, C/o, S. L. Kochar, Advocate, 86, Canning Street, Kolkata-1. Respondent – CIT(E), Kolkata 2 3. The CIT(A) Kolkata.

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