WORLD HERITAGE TRUST,CHENNAI vs. CIT EXEMPTIONS,, CHENNAI

PDF · subscribers
ITA 2143/CHNY/2024Status: DisposedITAT Chennai29 October 20243 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed that the assessee did not get an opportunity to present its case before the CIT(E). In the interest of justice, the matter was remanded back to the CIT(E) for fresh consideration.

What were the facts?

The assessee applied for approval under Section 80G. The CIT(E) issued a show-cause notice for rejection, to which the assessee did not furnish documentary evidence. Consequently, the CIT(E) rejected the application.

What were the issues?

Whether the CIT(E) rightly rejected the application without affording a proper opportunity to the assessee to respond to the show-cause notice.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha

For Appellant: Shri M. Ramasamy, CA, Ms. Gouthami Manivasagam, JCIT
For Respondent: Ms. Gouthami Manivasagam, JCIT
Hearing: 22.10.2024Pronounced: 29.10.2024

O R D E R

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is directed against the order dated 24.07.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai passed under section 80G(5) of the Income Tax Act, 1961 [“Act” in short].

2.

At the outset, we note that the assessee filed an online application on 31.01.2024 in Form No. 10AB seeking approval under section 80G of the Act. The ld. CIT(E) show-caused the assessee as to why the said application should not be rejected in view of the reasons mentioned in para 3 of the impugned order. We note that According to the ld. CIT(E), the said notice was served on the assessee and no documentary evidences were furnished in response to the show-cause notice. Having no evidence, the ld. CIT(E) rejected the application seeking approval under section 80G of the Act.

3.

The ld. AR Shri M. Ramasamy, CA pleaded that one more opportunity may be afforded to the assessee to pursue its case before the ld. CIT(E). The assessee is ready to file all relevant details in response to the show-cause notice issued by the ld. CIT(E).

4.

The ld. DR Ms. Gouthami Manivasagam, JCIT opposed the same.

5.

On perusal of para 3.2 and 4 of the impugned order, we note that the ld. CIT(E) proceeded to reject the application seeking approval under section 80G of the Act for non-compliance of furnishing details in response to the show-cause notice, thereby, clearly establishes that the assessee has no opportunity before the ld. CIT(E). Taking into consideration the submissions of the ld. AR and the ld. DR and in the interest of justice, we deem it proper to remand the matter back to the file of the ld. CIT(E) for fresh consideration. Thus, the ground raised by the assessee is allowed for statistical purposes.

6.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 29th October, 2024 at Chennai.

More judgments on Section 80G

All 6,482 judgments and leading authorities on Section 80G →

Recent GST High Court judgments

Search GST case law →