SREE ANNAI VEERAKALIAMMAN EDUCATIONAL TRUST,SIVAGANGAI vs. CIT (EXEMPTION), CHENNAI

PDF · subscribers
ITA 566/CHNY/2024Status: DisposedITAT Chennai20 May 2024Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while acknowledging the assessee's negligence, granted another opportunity based on natural justice. The impugned order was set aside, and the matter was restored to the CIT(E) for fresh consideration.

What were the facts?

The assessee's application for registration under Section 12A(1)(ac)(iii) was rejected by the CIT (Exemptions) due to failure to provide requisite details. The assessee appealed this rejection.

What were the issues?

Whether the assessee should be granted another opportunity to provide details for registration under Section 12A(1)(ac)(iii) despite initial negligence.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of an application filed in Form No.10AB seeking registration u/s 12A(1)(ac)(iii) vide impugned order dated 21.09.2022, the assessee is in further appeal before us. Upon perusal of para-6 of order, it could be seen that the application has been rejected since the assessee failed to file the requisite details. Aggrieved, the assessee is in further appeal before us. The Ld. AR has sought another opportunity of hearing which has been opposed by Ld. CIT-DR.

2.

Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Therefore, we set aside the impugned order and restore the matter back to the file of Ld. CIT(E) for de novo consideration of the application after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case and supply the requisite information.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 20th May, 2024.

More judgments on Section 12A(1)(ac)(iii)

All 1,616 judgments and leading authorities on Section 12A(1)(ac)(iii) →

Recent GST High Court judgments

Search GST case law →