Release Trust, Hyderabad V. Income Tax Officer, Exemptions-3, Hyderabad

ITA 1188/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6791 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2013-2014
• Appeal Filed On: 24-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO S . 1 188 & 1189 /H/20 1 9 ASSESSMENT YEAR S : 20 1 3 - 1 4 & 2014 - 15 RELEASE TRUST , HYDERABAD. PAN - A ABTR 9375A VS. INCOME - TAX OFFICER (E) - 3 , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 6 /0 2 /2021 DATE OF PRONOUNCEMENT: 08 /04/2021 O R D E R PER L.P. SAHU, A.M. : BOTH T H E S E APPEAL S FILED BY THE ASSESSEE ARE DIRECTED AGAINST CIT( A ) - 9 , HYDERABADS COMMON ORDER DATED 10 / 05 /201 9 INVOLVING PROCEEDINGS U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT WHEREIN THE COMMON GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) OUGHT NOT HAVE CONFIRMED THE LEVY OF PENALTY U/S 271(1)(C) IMPOSED BY THE AO. ITA NO S. 1188 & 1189 /H YD/ 20 1 9 RELEASE TRUST, HYDERABAD. : - 2 - : 2. BRIEF FACTS OF THE CASE ARE THAT THE A SSESSEE DID NOT FILE THE RETURN OF INCOME FOR BOTH THE YEARS UNDER CONSIDERATION , HOWEVER, THE A SSESSEE FILED AN APPLICATION IN FORM NO. 10 A SEEKING REGISTRATION U/S. 12AA OF THE I. T. ACT, 1961 ON 24.03.2016. THE AO NOTED THAT THE A SSESSEE IN EARLIER YEARS HA D NOT FILED THE RETUR N OF INCOME DESPITE HAVING EXCESS OF EXPENDITURE AND FOREIGN CONTRIBUTIONS TO THE TUNE OF RS. 19,95,562/ - AND RS. 32,30,225/ - RESPECTIVELY. THE REGISTRATION WAS NOT GRANTED BY THE COMMISSIONER OF INCOME TAX(EXEMPTION), CONSEQUENTLY, THE A SSESSEE APPROACHED HON'BLE ITAT WHICH RESTORED THE APPLICATION TO COMMISSIONER OF INCOME TAX(EXEMPTION) IN ITA NO. 1655/HYD/2016 VIDE ORDER DATED 29.09.2017. THE ASSESSING OFFICER LEVIED THE PENALTY ON 26.06.2018 ON FACTS AS WELL AS NON - COMPLIANCE TO NOTICE U/S 271(1)(C) OF THE I. T. ACT, 1961. 3. ON APPEAL, THE CIT(A) CONFIRMED THE ORDER OF AO ON THE GROUND OF NON - COMPLIANCE BY THE ASSESSEE TO THE HEARING NOTICES ISSUED BY THE CIT(A). 4. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE FORE, WE PROCEED TO DISPOSE OF THESE APPEALS AFTER HEARING THE LEARNED DR AND BASED ON THE MATERIAL AVAILABLE ON RECORD. ITA NO S. 1188 & 1189 /H YD/ 20 1 9 RELEASE TRUST, HYDERABAD. : - 3 - : 5. WE HA VE HEARD THE LD. DR AND PERUSED THE MATERIAL ON RECORD AS WELL AS GONE THROUGH THE ORDERS OF REVENUE AUTHORITIES. ON PERUSAL OF RECORD, WE FIND THAT THERE IS NO COMPLIANCE BY THE ASSESSEE TO THE NOTICES ISSUED BY THE AUTHORITIES BELOW DURING THE ASSESSMENT PROCEEDINGS AS WELL AS IN THE APPELLATE PROCEEDINGS. WE ARE OF THE VIEW THAT JUSTICE WILL BE SERVED IF THE MATTER IS REST ORED TO THE FILE OF AO FOR DECIDING THE ISSUE ON MERITS. ACCORDINGLY, WE HEREBY REMIT THE MATTER BACK TO THE FILE OF LD. AO FOR DENOVO CONSIDERATION. AT THE SAME BREATH, WE ALSO CAUTION THE ASSESSEE TO PROMPTLY COOPERATE BEFORE THE LD. REVENUE AUTHORITIES IN THEIR PROCEEDINGS FAILING WHICH THE LD. REVENUE AUTHORITIES SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW & MERITS FOUND ON THE MATERIAL ON RECORD. 6 . IN THE RESULT, APPEAL S OF THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTIC AL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 8 TH APRIL , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 8 TH APRIL , 20 2 1 . KV ITA NO S. 1188 & 1189 /H YD/ 20 1 9 RELEASE TRUST, HYDERABAD. : - 4 - : C OPY TO : 1 RELEASE TRUST, 1 - 5 - 1004/5, PLOT NO. 25, BHOPATHI RAO NAGAR, OLD ALWAL, HYDERABAD. 2 I T O (EXMEPTION) 3, HYDERABAD . 3 CIT( A ) - 9 , HYDERABAD 4 CIT (EXMEPTION) , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.