Payal Foundation, Kolkata V. Director of Income tax(Exexption), Kolkata

ITA 1210/KOL/2012

• Counselvise Citation: 121023514 RSA 2012
• Duration Of Justice: 1 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2014
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 21-08-2012
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA LD CITS
• Assessee Lawyers: SANJAY DIXIT FCA LD
• Keywords: Opportunity of being heard
• Section: 12AA

Judgement Text

ITA NOS.1210 & 211/KOL/2012-A-AM M/S. PAYAL FOUNDAT ION. 1 , A IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH: KO LKATA ( ) , 1 , BEFORE HONBLE SRI SHAMIM YAHYA, AM & HONBLE SRI GEORGE MATHAN, JM $ / ITA NOS. 1210 & 1211/KOL/2012 A.YS. 2011-12 M/S. PAYAL FOUNDATION PAN: AACTP 0450D - - - VERSUS - . DIRECTOR OF INCOME TAX (EXEMPTION) ( % / APPELLANT ) ( &'% / RESPONDENT ) FOR THE APPELLANT/DEPARTMENT /SHRI SANJAY DIXIT, FCA, LD.AR FOR THE RESPONDENT/ASSESSEE: / SHRI VARINDER MEHTA, LD. CIT/SR.DR * + /DATE OF HEARING: 06-08-2014 * + /DATE OF PRONOUNCEMENT: 06--08-2014 / ORDER PER BENCH THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED A GAINST THE RESPECTIVE ORDERS OF THE LD. DIRECTOR OF INCOME TAX (EXEMPTION), KOLKATA DAT ED 09.07.2012 WHEREBY ASSESSEES APPLICATION FOR REGISTRATION U/S. 12AA AND APPROVAL U/S.80G OF THE I.T ACT 1961 RESPECTIVELY WERE REJECTED. 2. WE HAVE HEARD BOTH THE LD. COUNSEL. WE FIND THAT THE LD. DIT(E) HAS REJECTED THE ASSESSEES APPLICATIONS ON THE GROUND THAT THE ASSE SSEE HAD NOT CARRIED OUT ANY ACTIVITY TILL DATE. HENCE, HE HAD NO MEANS TO SATISFY HIMSELF AB OUT THE GENUINENESS OF THE ACTIVITIES OF THE ASSESSEE. HENCE, LD. DIT(E) HAS REJECTED THE A PPLICATION FOR REGISTRATION U/S. 12AA OF THE ACT. IN VIEW OF THIS REJECTION, HE [LD.DIT(E)] HAS ALSO REJECTED THE ASSESSEES APPLICATION FOR GRANTING OF APPROVAL U/S. 80G(5)(VI ) OF THE I.T ACT 1961. WE FIND THAT THE LD. DIT(E) HAS NOT POINTED OUT ANY DEFECTS IN TH E ASSESSEES APPLICATIONS. HE HAS REJECTED THE SAME ON THE GROUND THAT THE ASSESSEE HAS NOT ST ARTED ANY ACTIVITY. IN THIS REGARD, THE ASSESSEE HAS CONTENDED THAT THE PERIOD CONCERNED W AS A SHORT PERIOD OF 8 MONTHS AND IN THIS PERIOD THE ASSESSEE COULD ONLY ENTER INTO VAR IOUS PRELIMINARY ACTIVITIES. THE LD. COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT NO W ASSESSEE HAS ALREADY STARTED ITS ITA NOS.1210 & 211/KOL/2012-A-AM M/S. PAYAL FOUNDAT ION. 2 ACTIVITIES. HE PRAYED BEFORE US THAT THE ISSUE MAY BE REMITTED TO THE FILE OF THE LD. DIT(E) FOR CONSIDERING THE SAME AFRESH. 3. AFTER CAREFUL CONSIDERATION, WE ARE INCLINED TO AGREE WITH THE SUBMISSIONS OF THE LD. COUNSEL OF THE ASSESSEE. ACCORDINGLY, WE REMIT THIS ISSUE TO THE FILE OF THE LD. DIT(E). THE LD. DIT(E) SHALL CONSIDER THE ISSUE AFRESH AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD. 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE STAND ALLOWED FOR STATISTICAL PURPOSE AS STATED ABOVE. . + ORDER PRONOUNCED IN THE OPEN COURT ON 06/08/2014 SD/- SD/- [ 1 , ] [ , ] [ GEORGE MATHAN, JUDICIAL MEMBER ] [ SHAMIM YAHYA, ACCOUNTANT MEMBER ( + ) DATED :06/08/2014 ** PRADIP SPS * &2 32 / COPY OF THE ORDER FORWARDED TO: 1. . % / THE APPELLANT : M/S. PAYAL FOUNDATION P- 36, INDIA EXCHANGE PLACE, 4 TH FL., ROOM NO. 57B, KOL-1. 2 &'% / THE RESPONDENT- THE DIRECTOR OF INCOME-TAX (EX EMPTION), 10B, MIDDLETON ROW, 6 TH FL., KOL-71. 3. 5. 6. / THE CIT, 4. ( )/ THE CIT(A) & / DR, KOLKATA BENCH GUARD FILE . '2 & / TRUE COPY, / BY ORDER, / ASSTT REGISTRAR