Sri Balaji Educational Rural and Urban Developments Society, Kurnool V. Commissioner of Income Tax, (Exemptions), Hyderabad

ITA 1719/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0920 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 28-04-2021
• Assessment Year: misc
• Appeal Filed On: 26-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T CHAITANYA KUMAR
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1719/HYD/2019 SRI BALAJI EDUCATIONAL RURAL AND URBAN DEVELOPMENT SOCIETY, KURNOOL [PAN: AAIAS1038D] VS COMMISSIONER OF INCOME TAX (EXEMPTIONS), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI T.CHAITANYA KUMAR FOR SHRI K.A.SAI PRASAD, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 15-06-2021 DATE OF PRONOUNCEMENT : 12-07-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL ARISES FROM THE CIT(EXEMPTION S)- HYDERABADS ORDER DATED 19-09-2019 PASSED IN F.NO.CIT(E)/HYD/194(03)/12A/2018-19 IN PROCEEDINGS U/S. 12AA(1)(B)(II) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE CIT(EXEMPTIONS)S ORDER UNDER CHALLENGE HAS DECLINED THE ASSESSEES SE CTION 12AA REGISTRATION AFTER RECORDING ITS FAILURE TO BE SERV ED THROUGH THE POSTAL DEPARTMENT THEREBY MAKING HIM UNABLE TO ITA NO. 1719/HYD/2019 :- 2 -: RECTIFY ITS OBJECT CLAUSES IN THE TRUST DEED AS WELL AS ALL OTHER ANCILLARY ISSUES. 3. WE THEREFORE RESTORE THE ASSESSEES INSTANT CASE BACK TO THE CIT(EXEMPTIONS) FOR FRESH EXAMINATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. THE ASSESSEE OR ITS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE CIT(EXEMPTIONS) ON OR BEFORE 31-10-2021 ALONG WITH AL L THE RELEVANT EVIDENCE; AT ITS OWN RISK AND RESPONSIBILITY. 4. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JULY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 12-07-2021 TNMM ITA NO. 1719/HYD/2019 :- 3 -: COPY TO : 1.SRI BALAJI EDUCATIONAL RURAL AND URBAN DEVELOPMEN T SOCIETY, C/O. KATRAPATI & ASSOCIATES, 1-1-298/2/B/3 , 1 ST FLOOR, ASHOK NAGAR, HYDERABAD. 2.THE CIT(EXEMPTIONS), HYDERABAD. 3.THE ADDL.CIT(EXEMPTIONS)-VIJAYAWADA. 4.D.R. ITAT, HYDERABAD. 5.GUARD FILE.