COIMBATORE YARN MERCHANTS AND BROKERS ASOCIATION,COIMBATORE vs. CIT, EXEMPTIONS, CHENNAI

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ITA 137/CHNY/2024Status: DisposedITAT Chennai16 April 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 set aside the impugned order and restored the issue back to the CIT(E) for de novo adjudication. The assessee was granted another opportunity to present its case and substantiate its application.

What were the facts?

The assessee's application for approval under Section 80G was rejected by the CIT(E) for non-compliance and failure to reply to a show cause notice. The assessee appealed this rejection.

What were the issues?

Whether the rejection of the application for approval under Section 80G was justified due to non-compliance, and if the assessee should be granted another opportunity to be heard.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

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

आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ Coimbatore Yarn Merchants and Brokers CIT-Exemptions बनाम/ Association Chennai – 600 034 84, Bashyakarlu Road, Vs. R.S.Puram East S.O, Coimbatore-641 002. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAAC-0631-Q (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri G.Tarun (Advocate) – Ld. AR � थ�कीओरसे/Respondent by : Shri R.Clement Ramesh Kumar (CIT) - Ld. AR सुनवाई की तारीख/Date of Hearing : 16-04-2024 घोषणा की तारीख /Date of Pronouncement : 16-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by rejection of application filed in Form No.10AB on 10.05.2023 for seeking approval under clause (iii) of first proviso to sub- section (5) of Sec.80G vide impugned order dated 10.11.2023, the assessee is in further appeal before us.

2.

The registry has noted delay of 10 days in the appeal, the condonation of which has been sought by Ld.AR. Considering the period of delay, we condone the delay and admit the appeal for adjudication. The Ld. AR has pleaded for another opportunity of heating. The Ld. AR has also referred to various decisions of this Tribunal holding the field in assessee’s favor. The Ld. Sr. DR submitted that the assessee did not file requisite details as called for by Ld. CIT(E). 3. Upon perusal of para-6 of impugned order, it could be seen that the assessee failed to fail to any reply / explanation to the show cause notice issued by Ld. CIT(E). The Ld. CIT(E) rejected the application for non- compliance. Aggrieved, the assessee is in further appeal before us. 4. In view of the fact that the assessee has not furnished the requisite details and also considering the various decisions of Tribunal holding the field, we deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and the issue of registration stand restored back to the file of Ld. CIT(E) for de novo adjudication after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its application. 5. The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.

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