Foundation for Guindy Indl Estate maintanance & infrastructure Upgradation, Chennai V. CIT (Exemptions), Chennai

ITA 1456/CHNY/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 0742 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 21-07-2024
• Assessment Year: misc
• Appeal Filed On: 15-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause; Set aside

Judgement Text

आयकर अपीलीय अिधकरण, ’सी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ŵी एसएस िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी एस.आर. रगुनाथॎ, लेखा सद˟ के समƗ Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri S.R. Raghunatha, Accountant Member आयकर अपील सं./I.T.A. No.1456/Chny/2024 Foundation For Guindy Indl Estate Maintenance & Infrastructure Upgradation, R.V. Tower, No. 10, G.S.T. Road, Thiru-Vika Industrial Estate, Guindy, Chennai 600 032. [PAN: AAFCF0213Q] Vs. The Commissioner of Income Tax (Exemption), Chennai 600 034. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri N.V. Balaji, Advocate ŮȑथŎ की ओर से/Respondent by : Shri R. Clement Ramesh Kumar, CIT सुनवाई की तारीख/ Date of hearing : 22.07.2024 घोषणा की तारीख /Date of Pronouncement : 26.07.2024 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 09.04.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai under section 12A(1)(ac)(ii) of the Income Tax Act, 1961 [“Act” in short] in rejecting the application filed in Form No. 10AB and cancelling the provisional approval granted vide order dated 12.08.2022. I.T.A. No.1456/Chny/24 2 2. The Ld. CIT(E) rejected the application filed on 04.10.2023 in Form No. 10AB under section 12A(1)(ac)(ii) of the Act on the ground that the assessee failed to comply with the notice dated 23.03.2024 issued for filing relevant documents/details and its clarification on or before 30.04.2024. 3. By filing an affidavit explaining the reasons for not complying with the notice issued by the ld. CIT(E) dated 23.03.2024, the ld. AR Shri N.V. Balaji, Advocate submits that all the details were already available before the ld. CIT(E) for consideration of the application filed in Form AB under section 12A(1)(ac)(ii) of the Act. The ld. AR further submitted that the assessee is ready to furnish all the details if the Tribunal afford an opportunity and prayed to remand the matter to the file of the ld. CIT(E) for consideration. 4. The ld. DR Shri R. Clement Ramesh Kumar, CIT relied on the order of the ld. CIT(E). 5. As discussed above, we note that the assessee was prevented by reasonable cause as explained in the duly notarized affidavit for not complying with the notice issued by the ld. CIT(E) dated 23.03.2024 in filing relevant documents/details and its clarification on or before I.T.A. No.1456/Chny/24 3 30.04.2024 and thus, the order of the ld. CIT(E) is set aside. Since the ld. AR prayed to afford an opportunity to furnish complete details as may be required by the ld. CIT(E), we deem it proper in the interest of justice to remand the matter back to the file of the ld. CIT(E) for his consideration afresh. The assessee is also directed to furnish relevant details as may be required by the ld. CIT(E) in order to consider the application filed in Form 10AB. Thus, grounds raised by the assessee are allowed for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 26 th July, 2024 at Chennai. Sd/- Sd/- (S.R. RAGHUNATHA) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 26.07.2024 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF.