Maheshwari Bhavan Trust, Hyderabad V. Director of Income Tax (Exemptions), Hyderabad

ITA 1293/HYD/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2893 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 31-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R LAXMAN
• Assessee Lawyers: NAMAN JAIN
• Section: 80G; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO. 1293/HYD/2012 ASSESSMENT YEAR 2012-13 M/S. MAHESHWARI BHAVAN TRUST, HYDERABAD PAN: AACT M9975E VS. THE DIRECTOR OF INCOME - TAX (EXEMPTIONS) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI NAMAN JAIN RESPONDENT BY: SRI R. LAXMAN DATE OF HEARING: 15 .0 7 .2013 DATE OF PRONOUNCEMENT: 15.07.2013 O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE DIRECTOR OF INCOME-TAX (EXEMPTIONS) [DIT(E)], H YDERABAD DATED 29.6.2012 WITH REGARD TO NON GRANTING OF REGISTRATI ON U/S. 12AA AND APPROVAL U/S. 80G OF INCOME-TAX ACT, 1961. 2. IN THIS CASE, THE ASSESSEE MADE AN APPLICATION IN P RESCRIBED FORM ON 26.12.2011 SEEKING REGISTRATION U/S. 12AA A S WELL AS APPROVAL U/S. 80G OF THE ACT. ACCORDING TO THE DIT( E) THE ASSESSEE HAD NOT FULFILLED THE REQUIRED CONDITIONS FOR GRANT ING REGISTRATION U/S. 12AA AS WELL AS APPROVAL U/S. 80G OF THE ACT. ACCORDINGLY, THE SAME WAS REJECTED. 3. THE LEARNED AR SUBMITTED THAT THE DIT(E) CALLED FOR CERTAIN INFORMATION ON 12.6.2012. THE ASSESSEE SOUGHT TIME TO PRODUCE THE SAME. HOWEVER, THE DIT(E) PASSED HIS ORDER ON 29.6.2012 WITHOUT AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ITA NO. 1293/HYD/2012 M/S. MAHESHWARI BHAWAN TRUST ========================= 2 ASSESSEE. HE PRAYED FOR REMITTING THE ENTIRE ISSUE BACK TO THE FILE OF THE DIT(E) FOR FRESH CONSIDERATION. 4. THE LEARNED DR RELIED ON THE ORDER OF THE DIT(E). 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. AS SEEN FROM THE FACTS OF THE CASE, AS REC ORDED BY THE DIT(E), THE DIT(E) CALLED FOR CERTAIN INFORMATION O N 12.6.2012. THE ASSESSEE VIDE ITS LETTER DATED 14.6.2012 SOUGHT 15 DAYS TIME FOR PRODUCING THE BOOKS OF ACCOUNT AS THE BOOKS OF ACCO UNT ARE WITH THE AUDITORS. HOWEVER, THE DIT(E) WAS OF THE OPINI ON THAT IN SPITE OF GIVING ENOUGH TIME, THE ASSESSEE FAILED TO PRODU CE THE BOOKS OF ACCOUNT AND, INTER ALIA , HE REJECTED THE APPLICATION OF THE ASSESSEE FOR REGISTRATION U/S. 12AA AS WELL AS APPROVAL U/S. 80G OF THE ACT. IN OUR OPINION, IT IS APPROPRIATE TO REMIT THE ENTI RE ISSUE BACK TO THE FILE OF THE DIT(E) FOR GIVING ONE MORE OPPORTUN ITY TO THE ASSESSEE TO MEET THE QUERY RAISED BY HIM DURING THE PROCEEDINGS BEFORE HIM. ACCORDINGLY, THE ENTIRE ISSUE IS REMIT TED BACK TO THE FILE OF THE DIT(E) FOR FRESH CONSIDERATION FOR GIVI NG OPPORTUNITY TO THE ASSESSEE TO PUT FORTH ITS CASE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JULY, 2013. SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 15 TH JULY, 2013 TPRAO ITA NO. 1293/HYD/2012 M/S. MAHESHWARI BHAWAN TRUST ========================= 3 COPY FORWARDED TO: 1. M/S. MAHESHWARI BHAVAN TRUST, SRT - 940, STREET NO. 4, SANATHNAGAR, HYDERABAD-18. 2. THE DIRECTOR OF INCOME - TAX (EXEMPTIONS), 3 RD FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3. THE ADIT(E) - II, HYDERABAD. 4 . THE DR ' A ' BENCH, ITAT, HYDERABAD