JITO GURUGRAM CHAPTER SOCIETY,GURGAON vs. CIT(EXEMPTION), CHANDIGARH

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ITA 943/DEL/2023Status: DisposedITAT Delhi17 August 20232 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal agreed that the assessee was not given a proper opportunity to present its case. Therefore, the matter was restored to the CIT(Exemptions) for fresh adjudication.

What were the facts?

The assessee, Jito Gurugram Chapter Society, applied for registration under Section 80G of the Income Tax Act. The CIT(Exemptions) dismissed the application without providing the assessee an adequate opportunity to be heard.

What were the issues?

Whether the CIT(Exemptions) erred in dismissing the application for registration under Section 80G without affording the assessee a proper opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: C: NEW DELHI

Hearing: 17.08.2023Pronounced: 17.08.2023

PER CHANDRA MOHAN GARG, J.M.

1.

This appeal has been filed against the order of CIT (Exemption), Chandigarh dated 30.01.2023 by which the application of assessee seeking approval/registration u/s. 80G of the I.T Act 1961 (for short the ‘Act’) has been dismissed.

2.

The ld. CIT(DR), in all fairness, candidly agreed to the submission of ld. Assessee’s Representative (AR) that the assessee could not avail opportunity of being heard before ld. CIT(E) to present its case by way of proper explanation and documentary evidence substantiating the prayer seeking registration u/s. 80G of the Act. Therefore, as agreed by the ld. Representatives of both the sides and in our humble view the ends of justice would meet and purpose of legislative intention would be served if the matter is restored to the file of ld. CIT(E) for afresh adjudication application of assessee after due opportunity of hearing to the assessee and without being influenced with the earlier rejection order.

3.

In the result, the appeal of assesses is allowed for statistical purposes. Order pronounced in the open court on 17.08.2023. (DR. B.R.R. KUMAR) (CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 17th August, 2023. 1 NV/-

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