LshVa Trust, Bangalore V. CIT, Bangalore

ITA 113/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8660 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 02-02-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 12A; 113

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NOS. 113 & 114/BANG/2016 ASSESSMENT YEARS : N.A. LSHVA, NO.1, CHINMAYA APARTMENT, PUTTANNA ROAD, BASAVANGUDI, BANGALORE 560 004. PAN: AABTL 2392R VS. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI H.V. GOWTHAMA, CA RESPONDENT BY : SHRI SANJAY KUMAR, CIT(DR)(ITAT)-3 DATE OF HEARING : 29.11.2016 DATE OF PRONOUNCEMENT : 06.01.2017 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THESE APPEALS ARE PREFERRED BY THE ASSESSEE AGAIN ST THE ORDER OF CIT(EXEMPTIONS) [CIT(E)] DENYING THE REGISTRATION U/S. 12A AND 80G(5)(VI) OF THE INCOME-TAX ACT, 1961 [THE ACT]. 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL F OR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE FACT THAT THOUGH IT HA S FURNISHED ALL INFORMATION ITA NOS.113 & 114/BANG/2016 PAGE 2 OF 3 AS SOUGHT BY THE ITO(HQ), BUT THE CIT(E) DID NOT EX AMINE THE INFORMATION FURNISHED BY THE ASSESSEE AND REJECTED THE APPLICAT ION FOR REGISTRATION U/S. 12A OF THE ACT. RELYING UPON THE REJECTION OF APPL ICATION U/S. 12A OF THE ACT, THE CIT(E) HAS ALSO DENIED REGISTRATION U/S. 8 0G(5) OF THE ACT. 3. THE LD. DR, ON THE OTHER HAND, HAS SUBMITTED THA T ASSESSEE HAS NOT FURNISHED THE COMPLETE INFORMATION AS SOUGHT BY THE CIT(E) AND IN SUPPORT OF HIS CONTENTION, HE HAS INVITED OUR ATTENTION TO THE LETTERS WRITTEN BY THE ITO FOR FURNISHING THE DETAILS AND REPLIES FILED BY THE ASSESSEE. IT IS QUITE EVIDENT FROM THE REPLIES AND THE LETTER WRITTEN BY THE ITO THAT ASSESSEE HAS NOT FURNISHED COMPLETE INFORMATION AND IN THE ABSEN CE OF COMPLETE INFORMATION, IT HAS BECOME DIFFICULT FOR THE CIT(E) TO ADJUDICATE THE REQUEST OF ASSESSEE FOR REGISTRATION U/S. 12A AND 80G(V) OF THE ACT. 4. HAVING CAREFULLY EXAMINED THE ORDERS OF LOWER AU THORITIES AND THE DOCUMENTS PLACED ON RECORD IN THE LIGHT OF RIVAL SU BMISSIONS, WE FIND THAT UNDISPUTEDLY THE CIT(E) OFFICE HAS SOUGHT CERTAIN I NFORMATION FROM THE ASSESSEE AND THE ASSESSEE HAS FURNISHED THE INFORMA TION IN PART AND THE REMAINING INFORMATION WAS NOT FURNISHED BY THE ASSE SSEE IN TIME AND THE CIT(E) HAD REJECTED THE REQUEST FOR REGISTRATION U/ S. 12A OF THE ACT FOR WANT OF COMPLETE INFORMATION. NOW THE ASSESSEE UNDERTAK ES TO FURNISH THE REMAINING INFORMATION TO THE CIT(E) IN CASE THE MAT TER IS RESTORED TO CIT(E). KEEPING IN VIEW THE REQUEST OF THE ASSESSEE, WE SET ASIDE THE ORDER OF CIT(E) AND RESTORE THE MATTER TO HIS FILE WITH A DI RECTION TO READJUDICATE THE ITA NOS.113 & 114/BANG/2016 PAGE 3 OF 3 ISSUE OF GRANT OF REGISTRATION U/.S 12A AND 80G(5)( VI) OF THE ACT. NEEDLESS TO MENTION HERE THAT ASSESSEE WOULD FURNISH ALL REQ UISITE INFORMATION BEFORE THE CIT(E) FOR ADJUDICATION OF THE ISSUES. ACCORDI NGLY, THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 06 TH DAY OF JANUARY, 2017. SD/- SD/- ( A.K. GARODIA ) (SUNIL KUMAR YA DAV ) ACCOUNTANT MEMBER JUDIC IAL MEMBER BANGALORE, DATED, THE 06 TH JANUARY, 2017. /D S/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.