BASANTA KUMAR SAROJBASINI MEMORIAL EDUCATION SOCIETY,KOLKATA vs. CIT (EXEMPTION), KOLKATA

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ITA 607/KOL/2024Status: DisposedITAT Kolkata19 June 2024AY 2022-23Bench: Shri Rajpal Yadav, Vice-President (KZ), Dr. Manish Borad (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(Exemption) and restored the issue to the CIT's file. The assessee was directed to cooperate and submit the required details.

What were the facts?

The assessee society applied for registration under section 12A(1)(ac)(ii) of the Income Tax Act. The CIT(Exemption) denied the registration due to the assessee's failure to submit complete details despite notices.

What were the issues?

Whether the denial of registration under Section 12A(1)(ac)(ii) was justified without a proper adjudication on merits, and if the assessee should be given an opportunity to provide complete details.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(ii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Dr. Manish Borad

Per Rajpal Yadav, Vice-President (KZ):- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Exemption), Kolkata dated 18.10.2022, vide which prayer for grant of registration under section 12A(1)(ac)(ii) has been denied by the ld. CIT(Exemption).

(A.Y. 2022-2023) Basanta Kumar Sarojbasini Memorial Education Society

2.

In response to the notice of hearing, the assessee has prayed for an adjournment. However, considering the record with the assistance of ld. CIT(DR), we have rejected the prayer of adjournment. We find that the assessee has applied for grant of registration under section 12A(1)(ac)(ii) of the Income Tax Act. However, the assessee could not submit complete details before the ld. CIT(Exemption) in response to the notices given by it. The ld. CIT(Exemption) has rejected the application of the assessee by citing the maxim “the law assists those, who are vigilant and not those, who sleepover their rights”.

3.

On due consideration of the non-adjudication of the application on merit, we deem it appropriate to set aside the impugned order and restore this issue to the file of ld. CIT(Exemption). We direct the assessee to cooperate with the ld. CIT(Exemption) and submit requisite details.

4.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 19/06/2024.

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