Mudita Foundation, New Delhi V. CIT(E), New Delhi

ITA 1837/DEL/2020

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8755 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 09-11-2022
• Assessment Year: misc
• Appeal Filed On: 05-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80G; 12A; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. N.K. BILLAIYA, ACCOUNTANT MEMBER AND SH. KUL BHARAT, JUDICIAL MEMBER ITA No.1837/Del/2020 Assessment Year: 2011-12 Mudita Foundation 6, CSC Sec-b-1, Vasant Kunj, New Delhi PAN No.AAGTM1166M Vs CIT (E) New Delhi (APPELLANT) (RESPONDENT) Appellant None Respondent Ms. Sarita Kumari, CIT DR Date of hearing: 10/11/2022 Date of Pronouncement: 10/11/2022 ORDER PER N.K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(Exemption), Delhi dated 10.09.2020 being order u/s. 12AA (1) (b) r.w.s. 12A and 80G (5) (vi) of the Act. 2. The grievance of the assessee read as under :- 1. That the order of the CIT(Exemptions) is contrary to law and 2 the facts of the case. 2. That the CIT (Exemptions) erred in stating that no reply was sent in response to letters calling for information/ documents when the entire information called for had been duly furnished by email. 3. That the CIT (Exemptions) erred in rejecting the assessee’s application for registration u/s. 12AA (a) and u/s. 80G. 3. None appeared on behalf of the assessee inspite of notice. The DR was heard at length. Case record carefully perused. 4. The order of the CIT (Exemption) show that though he has mentioned opportunities given to the assessee but there is no evidence that the notices were actually served upon the assessee. 5. In ground No.2 the assessee has pointed out that it has sent all the requisite information/ documents by email. However, there is no reference to any email in the order of the CIT (Exemptions). 6. Considering the facts emanating from the order and in the interest of justice and fair play we deem it to be a fit case for restoration to the files of CIT (Exemption) with a direction to allow a reasonable and adequate opportunity of being heard to the assessee and the assessee is directed to avail the opportunity and comply with the querries raised by the CIT(Exemption), if any. 3 7. In the result, the appeal of the assessee is allowed for statistical purpose. 8. Decision announced in the open court on 10.11.2022. Sd/- Sd/- (KUL BHARAT) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .11.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 10.11.2022 Date on which the typed draft is placed before the dictating Member 10.11.2022 Date on which the typed draft is placed before the Other member 10.11.2022 Date on which the approved draft comes to the Sr.PS/PS 11.11.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 11.11.2022 Date on which the fair order comes back to the Sr. PS/ PS 11.11.2022 Date on which the final order is uploaded on the website of ITAT 11.11.2022 Date on which the file goes to the Bench Clerk 11.11.2022 Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order