CTB CHARITABLE TRUST ,CHENNAI vs. CIT EXEMPTIONS) , CHENNAI

the Order of Commissioner of Income Tax (Exemptions), Chennai, in File No.C.No.CIT(E) 2 (1500)/2015-16 dated 30.06.2016.

Mr.B. Koteswara Rao, CIT represented on behalf of the Revenue and Ms.S.Vidya, CA, represented on behalf of the assessee.

It was a submission that the appeal filed by the assessee is belated by 315 days. The Ld.AR drew our attention to the Affidavit for the condonation of the delay. It was a submission that the assessee was represented by its founder before the Ld.CIT(E) and after the rejection of the application for registration u/s.12AA, the founder was under the bonafide belief that the issue had reached finality and it was only when he approached his auditors for the filing the return that the issue was noticed and the appeal filed. We have considered the Affidavit and we find that the assessee has explained the reason for the delay and shown reasonable cause. Consequently, the delay in filing of the appeal stands condoned and the appeal disposed off on merits.

It was submitted by the Ld.AR that the application for registration u/s.12AA was rejected by the Ld.CIT(E) on the ground that the details called for had not produced. It was a prayer that the assessee may be granted the another opportunity before the Ld.CIT(Exemptions). To these submissions, the Ld.DR did not raise any serious objections.

We have considered the rival submissions. As it is noticed that the assessee has appeared and provided certain details and it was only further details which have not been produced. In the interest of natural justice, the issue of registration u/s.12AA is restored to the file of the Ld.CIT(Exemptions) for re-adjudication after granting the assessee being heard.

In the result, the appeal filed by the assessee is partly allowed for statistical purposes.