CTB Charitable Trust , CHENNAI V. CIT Exemptions) , CHENNAI

ITA 1632/CHNY/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6199 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 23-06-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: S VIDYA
• Keywords: Charitable institution; Principle of natural justice; Bonafide belief; Reasonable cause

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , # , ' ( BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER ./ ITA NO.1632/MDS/2017 CTB CHARITABLE TRUST, NO.10, KOTHARI ROAD, NUNGAMBAKKAM, CHENNAI-34. VS. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHENNAI [PAN: AABTC 6294 M ] ( ) /APPELLANT) ( *+) /RESPONDENT) ) , / APPELLANT BY : MS.S.VIDYA, CA *+) , /RESPONDENT BY : MR.B. KOTESWARA RAO, CIT , /DATE OF HEARING : 12.09.2017 , /DATE OF PRONOUNCEMENT : 13.09.2017 / O R D E R PER BENCH : ITA NO.1632/MDS/2017 IS AN APPEAL FILED BY THE ASS ESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (EXEMPTIONS ), CHENNAI, IN FILE NO.C.NO.CIT(E) 2 (1500)/2015-16 DATED 30.06.2016. 2. MR.B. KOTESWARA RAO, CIT REPRESENTED ON BEHALF O F THE REVENUE AND MS.S.VIDYA, CA, REPRESENTED ON BEHALF OF THE ASSESS EE. ITA NO.1632/MDS/2017 :- 2 -: 3. IT WAS A SUBMISSION THAT THE APPEAL FILED BY THE ASSESSEE IS BELATED BY 315 DAYS. THE LD.AR DREW OUR ATTENTION TO THE A FFIDAVIT FOR THE CONDONATION OF THE DELAY. IT WAS A SUBMISSION THAT THE ASSESSEE WAS REPRESENTED BY ITS FOUNDER BEFORE THE LD.CIT(E) AND AFTER THE REJECTION OF THE APPLICATION FOR REGISTRATION U/S.12AA, THE FOUN DER WAS UNDER THE BONAFIDE BELIEF THAT THE ISSUE HAD REACHED FINALITY AND IT WAS ONLY WHEN HE APPROACHED HIS AUDITORS FOR THE FILING THE RETURN T HAT THE ISSUE WAS NOTICED AND THE APPEAL FILED. WE HAVE CONSIDERED THE AFFID AVIT AND WE FIND THAT THE ASSESSEE HAS EXPLAINED THE REASON FOR THE DELAY AND SHOWN REASONABLE CAUSE. CONSEQUENTLY, THE DELAY IN FILING OF THE A PPEAL STANDS CONDONED AND THE APPEAL DISPOSED OFF ON MERITS. 4. IT WAS SUBMITTED BY THE LD.AR THAT THE APPLICATI ON FOR REGISTRATION U/S.12AA WAS REJECTED BY THE LD.CIT(E) ON THE GROUN D THAT THE DETAILS CALLED FOR HAD NOT PRODUCED. IT WAS A PRAYER THAT THE ASSESSEE MAY BE GRANTED THE ANOTHER OPPORTUNITY BEFORE THE LD.CIT(E XEMPTIONS). TO THESE SUBMISSIONS, THE LD.DR DID NOT RAISE ANY SERIOUS OB JECTIONS. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS IT IS NOTICED THAT THE ASSESSEE HAS APPEARED AND PROVIDED CERTAIN DETAILS AND IT WAS ONLY FURTHER DETAILS WHICH HAVE NOT BEEN PRODUCED. IN THE INTERE ST OF NATURAL JUSTICE, THE ISSUE OF REGISTRATION U/S.12AA IS RESTORED TO T HE FILE OF THE LD.CIT(EXEMPTIONS) FOR RE-ADJUDICATION AFTER GRANTI NG THE ASSESSEE BEING HEARD. ITA NO.1632/MDS/2017 :- 3 -: 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER 13 , 2017, AT CHENNAI. SD/- SD/- ( ) ( SANJAY ARORA ) /ACCOUNTANT MEMBER ( # ) (GEORGE MATHAN) ' /JUDICIAL MEMBER /CHENNAI, 3 /DATED: SEPTEMBER 13, 2017. TLN , *'45 65 /COPY TO: 1. ) /APPELLANT 4. 7 /CIT 2. *+) /RESPONDENT 5. 5 *'' /DR 3. 7 ( ) /CIT(A) 6. # /GF