SURYAPUTRA SHANI UPASAK SAMAJIK SAMITI,INDORE vs. CIT (EXEMPTION), BHOPAL, BHOPAL

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ITA 226/IND/2024Status: DisposedITAT Indore31 July 2024AY 2024-25Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal decided to remand the matter back to the CIT(E) for fresh consideration. The assessee was granted one more opportunity to comply with the requirements and present its case.

What were the facts?

The assessee's application for registration under Section 12AA of the Income-tax Act was rejected by the CIT(E) for non-submission of required documents. The assessee, a society engaged in charitable objects, sought an opportunity to present its case before the CIT(E).

What were the issues?

Whether the CIT(E) was justified in rejecting the registration application ex-parte without granting sufficient opportunity. Whether the assessee should be given another chance to comply with the requirements.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

For Appellant: Ms. Nisha Nahoti, CA & AR
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 31.07.2024Pronounced: 31.07.2024

आदेश / O R D E R

Per B.M. Biyani, A.M.:

1.

Feeling aggrieved by order dated 09.02.2024 bearing DIN & Notice No.: ITBA/EXM/F/EXM45/2023-24/1060695676(1) passed by learned Commissioner of Income-Tax (Exemption), Bhopal [“CIT(E)”] by which the assessee’s application for grant of registration u/s 12AA of Income-tax Act, 1961 has been rejected, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).

Suryaputra Shani Upasak Samajik Samiti

2.

Although Ld. AR for assessee filed a written-application seeking adjournment of hearing fixed on today but, however, during hearing requested to decide this appeal today itself. Accordingly, the hearing is proceeded.

3.

Ld. AR next submitted that the CIT(E) has passed impugned order ex- parte and rejected the application filed by assessee for grant of registration u/s 12AA citing the reason “the assessee has not submitted the required documents”. Ld. AR submitted that the assessee is a society engaged in charitable objects and being managed by office-bearers who could not make representation before CIT(E). However, the assessee is now ready to ensure compliances of notices and submission of documents as would be required by CIT(E). Ld. AR made very humble prayer that the charitable activities of assessee-society shall be frustrated due to non-grant of registration, hence an opportunity should be given to assessee to present its case before CIT(E) and the case may be remanded to CIT(E).

4.

Ld. DR for revenue did not have any objection if the case is remanded to CIT(E) for adjudication afresh.

5.

In view of consensus of both the sides, we are persuaded to remand this matter to CIT(E) for consideration and adjudication afresh after giving one more opportunity to assessee. The assessee is also directed to make compliances on the hearings to be fixed by CIT(E) and do not seek

Suryaputra Shani Upasak Samajik Samiti unnecessary adjournments failing which the CIT(E) shall be at liberty to pass order in accordance with law.

6.

Resultantly, this appeal is allowed for statistical purpose.

Order pronounced in open court immediately after conclusion of hearing and reduced in writing on the same day.

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