SHRI DIGAMBAR JAIN KHANDELWAL PANCHAYAT,NAGPUR vs. CIT EXEMPTION, PUNE

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ITA 13/NAG/2020Status: DisposedITAT Nagpur13 October 2023Bench: SHRI S.S.GODARA (Judicial Member), DR. DIPAK P. RIPOTE (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(E) and remanded the case for fresh adjudication. The assessee was directed to provide all necessary documents, and the CIT(E) was directed to provide an opportunity of hearing.

What were the facts?

The assessee, Shri Digambar Jain Khandelwal Panchayat, appealed against the denial of registration by the CIT(E). The CIT(E) denied registration solely on the ground that the assessee failed to submit details of its activities.

What were the issues?

Whether the denial of registration by the CIT(E) was justified without providing a proper opportunity to the assessee to submit its details.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH : : NAGPUR

Before: SHRI S.S.GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri Kapil Hirani – CA
For Respondent: Shri Kailash Kanojiya – DR
Hearing: 31/08/2023Pronounced: 13/10/2023

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This is an appeal filed by the assessee against the order of ld.CIT(E), Pune under section 12AA(1)(b)(ii) of the Income Tax Act, 1961 dated 30.12.2019. Findings & Analysis : 2. We have heard both the parties and perused records. On perusal of the ld.CIT(E)’s order, it is observed that ld.CIT(E) has denied the registration only on one ground i.e. assessee failed to Shri Digambar Jain Khandelwal Panchayat [A] submit the details of the activities carried out in spite of giving opportunity. The ld.Authorised Representative for the assessee submitted that all the necessary details were filed and it is a very Old Trust.

3.

On the other hand, the ld.Departmental Representative of the Revenue relied on the orders of the Lower Authorities.

4.

In these facts and circumstances of the case, the order of the ld.CIT(E) is set-aside to ld.CIT(E) for denovo adjudication after giving opportunity. The assessee shall provide all the necessary document required by the ld.CIT(E). Ld.CIT(E) shall provide opportunity of hearing. Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.

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