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Income Tax Appellate Tribunal, KOLKATA BENCH ‘C’, KOLKATA
Before: Shri N. V. Vasudevan,J.M. & Shri M. Balaganesh, A.M.)
ORDER Per Shri N. V. Vasudevan, J.M.
This is an appeal by the assessee against the order dated 16/10/2015 passed u/s.80G (5) of the Income-tax Act 1961(Act) refusing grant of approval to the assessee trust u/s.80G(5) of the Act.
The impugned order was passed dismissing the application of the Assessee as the notice of hearing sent to the Assessee was returned un-served and therefore there was no means of verifying the genuineness of the activities of the Assessee. The limited prayer of the Ld. Counsel for the Assessee is for setting aside the order of the CIT(Exemption) and remanding the question of grant of registration u/s.80G(5) for fresh consideration by the CIT(Exemption) especially in the light of recognition granted u/s.12AA dated 30.04.2015. It was submitted by the learned counsel for the Assessee that in the light of the recognition granted u/s.12AA of the ITA No.1447/Kol/2015-M/s. Tezpur Terapanth Foundation 2 Act, there can be no manner of doubt about the genuineness of the activities of the Assessee.
We are of the view, that since the proceedings before the CIT (Exemption) were ex-parte proceedings the impugned order has to be set aside on the question of granting approval u/s.80G(5) should be remanded to the CIT (Exemption) for fresh consideration after affording opportunity of being heard to the assessee. We hold and direct accordingly.
In the result appeal of the assessee is stated as allowed for statistical purposes. Order Pronounced in the Open Court on 19.10.2016