Mohd.Uloomil Hadees, Hyderabad V. DDIT, Hyderabad

ITA 1066/HYD/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3149 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-06-2010
• Assessment Year: misc
• Appeal Filed On: 28-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H PHANI RAJU
• Section: 80G

Judgement Text

ITA NO.1066/HYD/2009 MAHAD ULOOMIL HADEES. 1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI AKBER BASHA, ACCOUNTANT MEMBER ITA NO. 1066/HYD/09 : MAHAD ULOOMIL HADEES, JAIPALLY (V), HYDERABAD. PAN:AABCL 4244L VS DIRECTOR OF INCOME-TAX (E), HYDERABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : MOHD. AFZAL RESPONDENT BY : SHRI H. PHANI RAJU O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER OF THE DIRECTOR OF INCOME-TAX (EXEMPTIONS), HYDERABAD D ATED 16-9-2009 WITH REGARD TO THE REJECTION OF APPLICATION IN FORM NO.1 0A FOR GRANT OF APPROVAL UNDER SECTION 80G(5) OF THE ACT. 2. AT THE OUTSET, WE FIND THAT THE APPLICATION FOR REGISTRATION IN FORM NO.10A FOR GRANT OF APPROVAL UNDER SECTION 80G OF T HE ACT WAS DECIDED BY THE DIT (E) ON THE BASIS OF THE MATERIAL AVAILABLE ON RECORD BEFORE HIM. AT THE TIME OF HEARING OF THIS APPEAL, THE LEARNED COU NSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS GOT ALL THE DETAILS /DOCUMENTS WHICH ARE REQUIRED BY THE DIT (E) AND HENCE HE PRAYED FOR ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE-SOCIETY TO PRESENT ITS CA SE BEFORE THE DIT (E). ITA NO.1066/HYD/2009 MAHAD ULOOMIL HADEES. 2 AFTER CONSIDERING THE TOTALITY OF FACTS AND CIRCUMS TANCES OF THE CASE, WE FEEL IT PROPER TO REMIT BACK THE ISSUE OF GRANTING APPRO VAL UNDER SECTION 80G OF THE ACT TO THE FILE OF THE DIT(E) FOR FRESH CONSIDE RATION IN ACCORDANCE WITH LAW, WITH DIRECTION TO GIVE ONE MORE OPPORTUNITY T O THE ASSESSEE TO PRESENT ITS CASE. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER WAS PRONOUNCED IN THE COURT ON 3-6-2010. SD/- N.R.S. GANESAN SD/- AKBER BASHA JUDICIAL MEMBER ACCOUNTANT MEMBER. DT/- 3RD JUNE, 2010 COPY FORWARDED TO: 1. MOHD. AFZAL, ADVOCATE, 11-5-465, FLAT NO.402, SH ERSON'S RESIDENCY, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD. 2 DIRECOTR OF INCOME-TAX (EXEMPTIONS), OLYMPIC BHAV AN, BASHEER BAGH, L.B. STADIUM, HYDERABAD. 3. DR, ITAT, HYDERABAD. JMR*