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