JAI MATA DI MOHAN NAGAR,GURGAON vs. CIT(EXEMPTION), CHANDIGARH
What did the Tribunal hold?
The Tribunal restored the matter to the CIT(Exemption) for fresh adjudication. The CIT(Exemption) is to provide the assessee with a due opportunity of hearing before passing a fresh order.
What were the facts?
The assessee filed an application seeking registration under Section 12AB or 12AA of the Income Tax Act. The CIT(Exemption) dismissed the application. The assessee appealed this order.
What were the issues?
Whether the assessee was provided with a due opportunity of hearing before the dismissal of its application for registration under Section 12AB/12AA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: C: NEW DELHI
Before: SHRI CHANDRA MOHAN GARG & SHRI PRADIP KUMAR KEDIA
Date of Hearing : 01.08.2023 Date of Pronouncement : 04.08.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of Ld. CIT(Exemption), Chandigarh dated 21.02.2023 for AY 2022-23.
The ld. Senior DR, in all fairness, agreed to the contention of ld. counsel of assessee that the assessee was not provided due opportunity of hearing before dismissing the applications filed by the applicant seeking registration u/s. 12AB or 12AA of the Act. The ld. Senior DR, although supported the impugned order passed by ld. CIT(E) Chandigarh, but also submitted that if it is found just and proper then the Department has no serious objection if the matter is restored to the file of ld. CIT(E) Chandigarh for afresh adjudication of application of assessee seeking registration.
In view of above, the matter is restored to the file of ld. CIT(E) for re- adjudication of application of assessee after allowing due opportunity of hearing to the assessee and without being influenced with the earlier rejection order.
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