AGRI SAMAJ UNNATI MANDAL BHIWANDI,BHIWANDI vs. CIT EXEMPTION PUNE, PUNE
What did the Tribunal hold?
The Tribunal dismissed one appeal as a duplicate and remanded the other back to the CIT(E) for fresh adjudication. The CIT(E) had not considered the assessee's submission about a completed project and did not provide further opportunities for hearing.
What were the facts?
The assessee's appeals arose from the CIT(E)'s refusal to grant registration under Section 12AA of the Income Tax Act. The assessee failed to appear, and the appeals were decided ex-parte.
What were the issues?
Whether the CIT(E) rightly declined registration without considering the assessee's project completion and affording sufficient opportunity for hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
Cases called twice. None appears at the assessee’s behest. We accordingly proceeded ex-parte. Learned CIT-DR pinpoints during the course of hearing that the assessee’s instant twin appeals arise against the CIT(E) very order only. That being the case, we reject the assessee’s former appeal as a “duplicate” one.
Learned CIT-DR next submits that the CIT(E) herein has rightly declined to section 12A registration to the assessee on account of the fact that the latter head has failed to prove the commencement on its charitable activities. We note in this factual backdrop that the assessee has duly claimed to have completed “one of the projects” which has nowhere been considered in the learned CIT(E)’s order as per paras 6 to 6.1 in the impugned order. It further transpires that from perusal of the impugned order that the assessee had submitted its explanation on 05.03.2024 and thereafter, the CIT(E) never afforded it any further effective opportunities in support of its submissions. That being the clinching case, we deem it appropriate in the larger interest of justice to restore the assessee’s instant latter appeal back to the CIT(E) for his afresh appropriate adjudication preferably within three effective opportunities of hearing. Ordered accordingly.
These assessee’s instant former appeal herein is dismissed as a “duplicate” file and its latter case ITA No. 907/PUN/2024 is allowed for statistical purpose. A copy of this common order be placed in the respective case files.
Order pronounced in the open court on 31st July, 2024.
Sd/- Sd/- (Inturi Rama Rao) (Satbeer Singh Godara) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; दिन ांक / Dated : 31st July, 2024. रदि आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, “ए” बेंच, 4. पुणे / DR, ITAT, “A” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. //सत्य दपि प्रदि// True Copy// आिेश नुस र / BY ORDER,
िररष्ठ दनजी सदचि / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune
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