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Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
ORDER
Per N. K. Saini, AM:
This is an appeal by the assessee against the order dated 25.09.2013 of ld. CIT, Dehradun.
The only ground raised in this appeal reads as under:
“That the learned CIT has erred on facts and in law in rejecting the appellant trust’s application for registration under section 12A of the Act, without verifying the fact of service of notices issued. The Appellant craves leave to reserve its right to add, to delete from, amend, alter or modify its “Grounds of Appeal
” at any time before or at the time of hearing.”
3. Facts of the case in brief are that the assessee filed application dated 28.03.2013 for registration u/s 12A(a) of the Income Tax Act, 2 Arogyam Educational Trust 1961 (hereinafter referred to as the Act). The ld. CIT vide letter dated 04.04.2013 asked the assessee to furnish certain information on 23.04.2013. Since there was no compliance, the ld. CIT again issued a notice on 14.08.2013 fixing the case for hearing on 27.08.2013. On the said date also the notice remained uncomplied with, therefore, the application of the assessee was rejected.
Now the assessee is in appeal. During the course of hearing nobody was present on behalf of the assessee, therefore, the case is decided ex-parte after hearing the ld. CIT DR on merit. The ld. CIT DR submitted that the assessee did not cooperate inspite of the service of notices. It was stated that the notices of hearing issued by the ld. CIT, Dehradun, did not returned back, therefore, it is presumed that those were served. The reliance was placed on the following case laws:
� CIT Vs Shanker Lal Ved Prakash (2008) 300 ITR 243 (Del) � Capital Gem Overseas (P.) Ltd. Vs ITO (2006) 101 ITD 117 (Del) 5. The ld. CIT DR also submitted that the assessee did not furnish the requisite details asked by the ld. CIT, therefore, the application moved by the assessee u/s 12A(a) of the Act was rightly rejected.
We have considered the submissions of the ld. CIT DR and perused the material available on the record. In the present case, it is noticed that the ld. CIT mentioned in the impugned order that the notice 3 Arogyam Educational Trust of hearing on 27.08.2013 was sent on 14.08.2013. However, nothing is brought on record that the said notice was served on the assessee. It is also not clear as to whether the notice was sent by ordinary post or speed post/registered post. Moreover, the ld. CIT in the impugned order has not mentioned as to whether any documents/evidences were furnished by the assessee alongwith the application moved for registration u/s 12A(a) of the Act. It is well settled that nobody should be condemned unheard as per the maxim “Audi Alteram Partem”. We, therefore, deem it appropriate to set aside this case back to the file of the ld. CIT to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee. We also direct the assessee to co-operate and not to seek undue or unwarranted adjournments.
In the result, the appeal filed by the assessee is allowed for statistical purposes. (Order Pronounced in the Court on 04/11/2015)