SHIVANI FOUNDATION,DELHI vs. CIT(E), DELHI

The captioned appeals have been filed by the Assessee against the orders of the Commissioner of Income Tax (Exemption), New Delhi (‘CIT(E)’ in short) dated 28.09.2019 under Section 12AA(1)(b) r.w. Section 12A and dated 25.10.2019 under Section 80G(5)(vi) of the Income Tax Act, 1961 (the Act).

As per the captioned appeal, the assessee has challenged the denial of registration under Section 12AA r.w. Section 12A and consequent denial of registration under Section 80G of the Act.

When the matter was called for hearing, none appeared for I.T.A No.9020 & 9574/Del/2019 2 the assessee. The matter was accordingly proceeded ex-parte.

On perusal of the order dated 28.09.2019 passed under Section 12AA r.w. Section 12A of the Act by the CIT(E), it appears that the CIT(E) called for certain details to draw satisfaction on genuineness of the activities and objects etc. as contemplated under Section 12AA of the Act. However, the assessee has not filed any response to the queries raised. It further appears that the assessee was given only solitary opportunity to comply with the requirements and the registration was denied for non compliance on points raised.

Under the circumstances, we consider it expedient to allow proper opportunity to the assessee to substantiate its application in accordance with law. The issue is thus restored to the file of the CIT(E) for fresh determination in accordance with law. The assessee is cautioned to co-operate with the proceedings before the CIT(E) for adjudication on the application.

In term of the directions noted above, is set aside to the file of the CIT(E) for fresh determination on eligibility of registration under Section 12AA of the Act.

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

Likewise, seeking registration under Section 80G is also set aside to the file of the CIT(E) on similar terms for fresh determination in accordance with law after giving proper opportunity to the assessee.

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

In the result, both the captioned appeals are allowed for statistical purposes ex-parte.