THE SENIOR CITIZENS WELFARE ASSOCIATION,PATIALA vs. CIT(EXEMPTIONS), CHANDIGARH

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ITA 65/CHANDI/2024Status: DisposedITAT Chandigarh03 September 2024AY 2023-2024Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the impugned order did not mention the service of notices on the assessee. Therefore, the matter was set aside to the CIT(Exemption) for a fresh decision after providing a reasonable opportunity to the assessee.

What were the facts?

The assessee applied for registration under Section 80G. The CIT(Exemption) issued questionnaires and afforded multiple opportunities for submission, but the assessee failed to respond. Consequently, the application was rejected.

What were the issues?

Whether the CIT(Exemption) properly afforded an opportunity of hearing to the assessee before rejecting the application for 80G registration.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

Before: SHRI A.D.JAIN & SHRI KRINWANT SAHAY

For Appellant: Shri Vibhore Garg, CA
For Respondent: Smt. Kusum Bansal, CIT, DR
Hearing: 27.08.2024Pronounced: 03.09.2024

आदेश/ORDER

PER A.D.JAIN, VICE PRESIDENT

1.

This is an appeal filed by the assessee against the order of ld. CIT(Exemption) Chandigarh dated 18.01.2023 pertaining to assessment year 2023-24.

2.

As available from the impugned order, the assessee had moved an application u/s 80G of the Income Tax Act before the ld. CIT (Exemption) on 24.09.2022. In order to ITA 65/CHD/2024 A.Y. 2023-24 2 examine and verify the objects of the Association, the genuineness of its activities and fulfillment of all the conditions laid down in clauses (i) to (v) of Section 80G(5) of the Act, a questionnaire was issued to the assessee electronically on 07.11.2022 to furnish the relevant supporting documents/details etc., online through e-proceedings on e-filing Portal by 22.11.2022. On the stipulated date, neither any submission was made nor any request for adjournment was sent by the assessee through any channel. Thereafter, two more opportunities were afforded to the assessee i.e., for 22.12.2022 and 05.01.2023, but the assessee did not respond. Therefore, the ld. CIT(E) rejected the application of the assessee, holding it to be non-maintainable. The ld. Counsel for the assessee stated that no notice of hearing was ever served on the assessee, but, the matter has been decided ex-parte qua the assessee and the application filed by the assessee has been rejected.

It was, accordingly, submitted that the assessee may be allowed an opportunity and the matter may be set aside to the file of the ld. CIT (Exemption) to decide the same afresh.

3.

The ld. DR has not raised any objection to the request of the assessee.

ITA 65/CHD/2024 A.Y. 2023-24 3

4.

We find that the impugned order mentions only about the issuance of the notices, but nothing regarding the service thereof on the assessee. Accordingly, the matter is set aside to the file of ld. CIT (Exemption) to decide the same afresh after providing reasonable opportunity to the assessee.

Needless to say, the assessee shall attend the proceedings and file necessary information and documentation as called for by the ld. CIT (Exemption).

5.

In the result, appeal of the assessee is allowed for statistical purposes.

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