Poddar Janseva Trust, Kolkata V. DIT, Exemption, Kolkata, Kolkata

ITA 151/KOL/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7959 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2010
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 22-01-2010
• Court: TRIBUNAL
• Department Lawyers: R K PAL
• Assessee Lawyers: S L KOCHAR
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : C BENCH: K OLKATA (BEFORE HON.SMT. DIVA SINGH, JM & HON. SHR I B.K.HALDAR,AM) ITA NO.151/KOL/10 PODDAR JANSEVA TRUST VS. DIRECTOR OF INCOM E-TAX(E) PAN:AAATP 7801L KOLKATA. (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI S.L. KOCHAR RESPONDENT BY: SHRI R.K.PAL ORDER PER SHRI B.K.HALDAR, AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE LD. DIT(E), KOLKATA DATED 10-12-2009 REFUSING RENEWAL OF EXEMPT ION U/S 80G(5)(VI) OF THE ACT. 2. THE APPELLANT HAS TAKEN FOLLOWING GROUNDS OF AP PEAL:- 1. FOR THAT THE LD.DIT(E) ERRED IN REJECTING APPLICATION OF THE APPELLANT FOR RENEWAL OF EXEMPTION U/S.80G(5)(VI) OF THE INCOME TAX ACT,1961 ON THE ALLEGED GROUNDS. 2. FOR THAT THE LD.DIT(E) OUGHT NOT TO HAVE PROCEEDED ON THE BASIS OF THE RECOMMENDATION MADE BY THE ADDL.DIT(E) AND ADIT(E)-II, KOLKATA AND OUGHT TO HAVE TAKEN OWN DECISION WITH REFERENCE TO THE RECORDS OF THE APPELLANT IN THE MATTER OF RENEWAL OF EXEMPTION. 3. FOR THAT THE ORDER PASSED BY THE DIT(E) IS CRYPTIC AND WITHOUT GIVING ANY REASON IN REJECTING THE PETITION MORE NOTABLY OBSERVING THAT THE TRUST DEPOSITED THE FUND IN VYSYA BANK WHICH IS NOT A NATIONALIZED BANK. 4. FOR THAT THE ORDER PASSED BY THE DIT(E) IS ENTIRELY ARBITRARY AND DESERVES TO BE VACATED WITH DIRECTION TO GRANT RENEWAL OF EXEMPTION AS PRAYED FOR BY THE APPELLANT. 5. FOR THAT FURTHER GROUNDS OF APPEAL MAY KINDLY BE ALLOWED TO BE TAKEN AT THE TIME OF HEARING OF TH E APPEAL. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORD. THE ORDER OF THE LD.DIT(E) IS VERY CRYPTIC. NEITHER THE SUBMISSIONS OF THE APPELLANT NOR THE 2 REASONS FOR REFUSING RENEWAL OF EXEMPTION U/S.80G( 5)(VI) HAVE BEEN MENTIONED IN THE SAME. THE LD.AR FOR THE ASSESSEE HAS UNDERT AKEN TO ENSURE THAT PROPER COMPLIANCE SHALL BE MADE BEFORE THE LD.DIT(E) BY TH E ASSESSEE. IN THIS VIEW OF THE MATTER, WE SET ASIDE THE IMPUGNED ORDER OF THE LD. DIT(E) AND REMIT THE MATTER BACK TO HIS FILE WITH THE DIRECTION THAT A SPEAKING ORDER BE PASSED AS PER LAW, AFTER GIVING THE APPELLANT ADEQUATE OPPORT UNITY OF BEING HEARD. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON 22-3-10. SD/- SD/- ( DIVA SINGH) (B.K.HALDAR ) JUDICIAL MEMBER DT.22-3-10 ACCOUNTANT MEMBER COPY FORWARDED TO :- 1. PODDAR JANSEVA TRUST C/O S.L. KACHAR, ADVOCATE 86 C ANNING ST., KOL-1 2. DIT(E) 10 MIDDLETON ROW, KOLKATA 3. CIT(A) 4. CIT 5 D.R., ITAT, KOLKATA. *PP TRUE COPY BY ORDER DEPUTY REGISTRAR, ITAT, KOLKATA