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Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’, CHANDIGARH
Before: SHRI SANJAY GARG & Ms. ANNAPURNA GUPTA
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the applicant-society A.C. Educational Welfare Society, Mohali agitating the rejection of the application of the applicant- society for registration u/s 12AA of the Income-tax Act, 1961 (in short 'the Act') by the Commissioner of
Income Tax-II, Chandigarh (herein referred to as ‘CIT’) vide order dated 23/24-7-2013.
The appeal is time barred by the limitation period of 350 days. The Ld. counsel for the assessee has relied upon the application for condonation of delay which is accompanied with the affidavit dated 12.9.2014 of Shri A.C. Aganihotri, the then President of assessee
society, wherein, it has been deposed that being President of the
ITA No. 800/Chd/2014- A.C. Educational Welfare Society, Mohali 2
society, he only use to take care of the matters relating to the
taxation of the society but due to his illness he could not file the
appeal in time. The delay was on account of his illness as he was
suffered from end stage renal disease during the period and he had to
go for dialysis twice a week due to the said reason, he could not
attend the matter relating to the tax affairs of the assessee society.
The Ld. counsel has further invited our attention to the another
affidavit moved by the present Director of the society dated
24.4.2018 namely Shri Saurabh Aganhotri, wherein, it has been
deposed that earlier the tax matter was used to be handled by the
then president of the society Shri A.C. Aganihotri, however, due to
his illness he could not arrange to file the appeal in time. Further,
that Shri A.C. Aganihotri, the then president of the society
subsequently died due to Chronic Kidney Disease. A copy of the
death certificate of Shri A.C Aganihotri is also placed on the file.
Reliance has also been placed on the medical record of Shri A.C.
Aganihotri, the then president of the society.
The Ld. DR, on the other hand, has supported the order of the
Commissioner of Income Tax.
Considering the above submissions of both the representatives,
we find that the assessee society has demonstrated a reasonable cause
for not filing the appeal in time. In view of this, the delay, if any, in
filing the appeal is hereby condoned and we proceed to hear the
matter on merits.
ITA No. 800/Chd/2014- A.C. Educational Welfare Society, Mohali 3
The Ld. Counsel for the assessee has invited our attention to
the impugned order of the Ld. CIT, wherein, the reasons of
rejection of application of the applicant society has been mentioned
that the assessee society had used the funds for the personal needs of
the family members of the president of the society also for the staff
of the society. Further, it was also noted that the assessee society
had been paid hefty salary to one of its employee. Further it has
been noted that though the assessee was asked to explain in this
respect, however, the assessee society failed to give any satisfactory
reply. The Ld. counsel for the assessee in this respect has submitted
that, in fact, the members of the society had taken loan in their
individual capacity from the bank which was given to the society as
such and the said loan amount was further paid by the assessee
society to the members to be further paid back to the bank from
where the loans were obtained. The loan amount was squared off on
the date of application. Further, the queries in this respect were
raised by the Ld. CIT only on 19.7.2013 whereas the order was
passed on 23.7.2013 and no opportunity was granted to the assessee
society to present its case and furnish the necessary explanation.
In view of the above submissions of the Ld. Counsel for the
assessee, in our view, the assessee society is required to be given
proper opportunity to give the necessary explanation about the
queries raised by the Ld. CIT . The impugned order of the Ld. CIT(E)
is, therefore, set aside and the matter is restored to the file of the
ITA No. 800/Chd/2014- A.C. Educational Welfare Society, Mohali 4
CIT for decision afresh on merits, after giving proper opportunity to the applicant society to present its case / explanation. The Ld. CIT is directed to decide the application of the applicant society within 6 months from the date of receipt of copy of this order.
The appeal of the applicant - assessee is treated as allowed for statistical purposes. Order pronounced in the Open Court on 14.08.2018
Sd/- Sd/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 14.08.2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR