M/s Tezpur Terapanth Foundation, Assam V. CIT, (Exemptions), Kolkata, Kolkata

ITA 1447/KOL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4347 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2016
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 08-12-2015
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: SUNIL SURANA AL
• Keywords: Opportunity of being heard

Judgement Text

ITA NO.1447/KOL/2015-M/S. TEZPUR TERAPANTH FOUNDATI ON 1 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA (BEFORE SHRI N. V. VASUDEVAN,J.M. & SHRI M. BALAGAN ESH, A.M.) ITA NO. 1447/KOL/2015 : ASSTT. YEAR : M/S TEZPUR TERAPANTH FOUNDATION, KOLKATA. PAN: AACAA2299L VS CIT (EXEMPTIONS), KOLKATA. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SUNIL SURANA, AL REVENUE BY : SHRI G. MALLIKARJUNA, CIT,DR DATE OF HEARING : 20.09.2016 DATE OF PRONOUNCEMENT : 19-10-2016 ORDER PER SHRI N. V. VASUDEVAN, J.M . THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 16/10/2015 PASSED U/S.80G (5) OF THE INCOME-TAX ACT 1961(ACT) REFUSIN G GRANT OF APPROVAL TO THE ASSESSEE TRUST U/S.80G(5) OF THE ACT. 2. THE IMPUGNED ORDER WAS PASSED DISMISSING THE AP PLICATION OF THE ASSESSEE AS THE NOTICE OF HEARING SENT TO THE ASSESSEE WAS RETU RNED UN-SERVED AND THEREFORE THERE WAS NO MEANS OF VERIFYING THE GENUINENESS OF THE ACTIVITIES OF THE ASSESSEE. THE LIMITED PRAYER OF THE LD. COUNSEL FOR THE ASSES SEE IS FOR SETTING ASIDE THE ORDER OF THE CIT(EXEMPTION) AND REMANDING THE QUESTION OF GRANT OF REGISTRATION U/S.80G(5) FOR FRESH CONSIDERATION BY THE CIT(EXEMP TION) ESPECIALLY IN THE LIGHT OF RECOGNITION GRANTED U/S.12AA DATED 30.04.2015. IT WAS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT IN THE LIGHT OF THE R ECOGNITION GRANTED U/S.12AA OF THE ITA NO.1447/KOL/2015-M/S. TEZPUR TERAPANTH FOUNDATI ON 2 ACT, THERE CAN BE NO MANNER OF DOUBT ABOUT THE GENU INENESS OF THE ACTIVITIES OF THE ASSESSEE. 3. WE ARE OF THE VIEW, THAT SINCE THE PROCEEDINGS BEFORE THE CIT (EXEMPTION) WERE EX-PARTE PROCEEDINGS THE IMPUGNED ORDER HAS TO BE SET ASIDE ON THE QUESTION OF GRANTING APPROVAL U/S.80G(5) SHOULD BE REMANDED TO THE CIT (EXEMPTION) FOR FRESH CONSIDERATION AFTER AFFORDING OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE HOLD AND DIRECT ACCORDINGLY. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS STATED A S ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19.10.2016 SD/- SD/- (M. BALAGANESH) (N. V. VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19/10/2016 S. SINHA(PS) COPY OF THE ORDER FORWARDED TO: 1. M/S TEZPUR TERAPANTH FOUNDATION, KOLKATA 700 001 2 C.I.T.(EXEMPTIONS), KOLKATA 3. THE CIT-I, 4. THE CIT(A)-I, 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES ITA NO.1447/KOL/2015-M/S. TEZPUR TERAPANTH FOUNDATI ON 3