M/s Indus Foundation, Hyderabad V. The Director of Income Tax- (Exemptions), Hyderabad

ITA 1527/HYD/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1337 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 08-10-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AMISHA S GUPT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO.1527/HYD/2012 M/S. INDU FOUNDATION, HYDERABAD (PAN AABTT 8010 G) V/S DIRECTOR OF INCOME-TAX(EXEMPTION), HYDERABAD . (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.S.R.V.V.SURYA RAO RESPONDENT BY : SMT. AMISHA S.GUPT DATE OF HEARING 17.01.2013 DATE OF PRONOUNCEMENT 22.02.2013 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE DIRECTOR OF INCOME-TAX(EXEMPTION) HYDERABAD DAT ED 31.7.2012. PASSED UNDER S.12AA(1)(B)(II) OF THE INCOME-TAX ACT , 1961. 2. ASSESSEES GRIEVANCE IN THIS APPEAL IS WITH RE GARD TO REJECTION OF THE ASSESSEES APPLICATION FOR REGISTRATION UNDE R S.12AA OF THE ACT. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE APPLIED FOR REGISTRATION IN PRESCRIBED FORM ON 13.2.2012, SEEKI NG REGISTRATION UNDER S.12AA OF THE ACT. THE DIRECTOR OF INCOME-TAX(EXEM PTION) CALLED FOR CERTAIN INFORMATION TO SATISFY WITH REGARD TO GENUI NENESS OF THE BUSINESS CARRIED ON BY THE ASSESSEE AND COMMENCEMENT OF THE ACTIVITY OF THE ASSESSEE. ACCORDING TO THE DIRECTOR OF INCOME-TAX( EXEMPTION), THE ASSESSEE DID NOT FURNISH THE REQUIRED INFORMATION C ALLED FOR. BEING SO, THE ITA NO.1527/HYD/12 M/S. INDU FOUNDATION, HYDERABAD 2 APPLICATION OF THE ASSESSEE WAS REJECTED. HENCE, A SSESSEE IS IN APPEAL BEFORE US AGAINST THE ORDER OF THE DIRECTOR OF INCO ME-TAX(EXEMPTION). 4. ON CAREFUL CONSIDERATION OF THE RIVAL SUBMISSIO NS IN THE LIGHT OF THE IMPUGNED ORDER OF THE DIRECTOR OF INCOME-TAX (EXEMPTION), AND THE SPECIFIC PLEA OF THE LEARNED COUNSEL FOR THE AS SESSEE BEFORE US THAT PROPER OPPORTUNITY HAS NOT BEEN GIVEN, WE FIND THE DIRECTOR OF INCOME- TAX(EXEMPTION) HAS NOT GIVEN ADEQUATE OPPORTUNITY T O THE ASSESSEE TO FILE THE INFORMATION CALLED FOR. IN OUR OPINION, THE DI RECTOR OF INCOME- TAX(EXEMPTION) COULD HAVE GIVEN PROPER OPPORTUNITY BEFORE REJECTING THE APPLICATION OF THE ASSESSEE FOR REGISTRATION. IN TH E CIRCUMSTANCES, WE ARE INCLINED TO SET ASIDE THE MATTER TO THE FILE OF THE DIRECTOR OF INCOME- TAX(EXEMPTION) FOR FRESH EXAMINATION OF THE MATTER. WE ACCORDINGLY SET ASIDE THE IMPUGNED ORDER OF THE DIRECTOR OF INCOME- TAX(EXEMPTION) AND RESTORE THE MATTER TO HIS FILE TO RECONSIDER THE AP PLICATION FILED BY THE ASSESSEE AFRESH. THE ASSESSEE IS DIRECTED TO COOPE RATE IN THE EARLY DISPOSAL OF THE MATTER, BY MAKING PROPER COMPLIANCE WITH THE NOTICES/LETTERS OF THE DIRECTOR OF INCOME-TAX(EXEMP TION), AS OTHERWISE, THE DIRECTOR OF INCOME-TAX(EXEMPTION) WOULD BE AT L IBERTY TO DRAW HIS OWN INFERENCES BASED ON THE MATERIAL AVAILABLE ON R ECORD AND DISPOSE OF THE MATTER ACCORDINGLY. THE DIRECTOR OF INCOME-TAX( EXEMPTION) IS DIRECTED TO EXAMINE THE APPLICATION OF THE ASSESSEE FOR REGISTRATION UNDER S.12AA OF THE ACT AFRESH, AND PASS APPROPRIATE SPEA KING ORDER IN ACCORDANCE WITH LAW AND AFTER GIVING REASONABLE OPP ORTUNITY OF HEARING TO THE ASSESSEE. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ITA NO.1527/HYD/12 M/S. INDU FOUNDATION, HYDERABAD 3 ORDER PRONOUNCED IN THE COURT ON 22.02.2013 SD/- (ASHA VIJAYARAGHAVAN ) SD/- (CHANDRA POOJARI) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 22 ND FEBRUARY, 2013 COPY FORWARDED TO: 1. M/S. INDU FOUNDATION, C/O. M/S.A.RAMACHANDRA RAO & CO., 3-6-369/A/11, IST FLOOR, ST. NO.1, HIMAYATNAGAR, HY DERABAD 500 029. 2. DIRECTOR OF INCOME-TAX(EXEMPTION) HYDERABAD 3. 4. ASSTT. DIRECTOR OF INCOME-TAX(EXEMPTION) HYDERABAD THE DEPARTMENTAL REPRESENTATIVE, ITAT HYDERABAD B.V.S.