SUDAMA MAHABIR KEDIA CHARITABLE TRUST,KOLKATA vs. DIRECTOR OF INCOME TAX(EXEMPTION), KOLKATA

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ITA 2165/KOL/2013Status: DisposedITAT Kolkata15 October 2015AY 2013-142 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the rejection order was a non-speaking order and lacked proper reasoning. Therefore, in the interest of natural justice, the case was remitted back to the Director for fresh adjudication.

What were the facts?

The assessee trust applied for registration under sections 80G(5)(iv) and 12AA of the Income Tax Act. The Director of Income Tax (Exemption) rejected the application without providing a proper opportunity of being heard and without giving reasons.

What were the issues?

Whether the rejection of registration application by the DIT(Exemption) was valid without providing an opportunity of hearing and without a speaking order.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iv),Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA

Before: Shri Mahavir Singh & Shri Waseem Ahmed

आदेश /O R D E R

PER Waseem Ahmed, Accountant Member:-

Both appeal by the assessee are arising out of order of Director of Income Tax (Exemption) Kolkata in appeal No.8E/414/2012-13 dated 17.06.2013 u/s 80G(5)(vi) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for assessment year 2013-14 respectively and issue raised by assessee in both the appeals are that Ld.DIT(Exemption) Kolkata has erred in rejecting the application of assessee u/s 80G(5)(vi) of the Act and u/s 12AA of the Act.

-65/Kol/2013 A.Y.2013-14 Sudama Mahabir Kedia Charitable Trust v. DIT(Ex) Kol Page 2 2. Both the appeals are heard together and are being disposed of by way of common order for the sake of convenience. At the outset, it was noticed that assessee preferred an application for registration u/s./ 80G(5)(iv) and 12AA of the Act but the same has been rejected by Ld. DIT(Ex) Kolkata without giving the proper opportunity of being heard to assessee and Ld. DIT(Ex) Kolkata has passed a non-speaking order without adducing the reasons for rejection. So in the interest of natural justice and fair play, we give one more opportunity to assessee to defend its case before Ld. DIT(Ex) Kolkata. Needless to say assessee should co-operate with Ld. DIT (Ex) Kolkata as and when required. Hence, both the appeal of assessee are remitted back to the file of Ld. DIT(Ex) Kolkata for fresh adjudicating according to law after providing reasonable opportunity of being heard to assessee.

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