A. V. Vision Foundation, Ahmedabad V. Pr. CIT (Exemptions), Ahmedabad

ITA 2455/AHD/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1138 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: misc
• Appeal Filed On: 07-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: A C SHAH
• Section: 80G

Judgement Text

ITA NO.2455/AHD/2017 A.V. VISION FOUNDATION VS. PR. CIT (EXEMPTIONS) PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] ITA NO.2455/AHD/2017 A.V. VISION FOUNDATION, ...... ...... APPELLANT 211, 2 ND FLOOR, RUDRA ARCADE, HELMET CIRCLE CROSS ROAD, AHMEDABAD 380 002. [PAN: AAFTA 6883 Q] VS. PR. CIT (EXEMPTIONS), AHMEDABAD. ....................... RESPONDENT APPEARANCES BY A.C. SHAH FOR THE APPELLANT LALIT P. JAIN FOR THE RESPONDENT HEARING CONCLUDED ON: 12.09.2018 ORDER PRONOUNCED ON : 17.09.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HA S CHALLENGED CORRECTNESS OF THE ORDER DATED 29.09.2017, PASSED BY THE LEARNED PCIT, DECLINING APPLICATION UNDER SECTION 80G(5) OF THE INCOME TAX ACT 1961, ON THE F OLLOWING GROUND :- THE LEARNED PCIT HAS ERRED IN REJECTING THE APPLIC ATION UNDER SECTION 80G ON THE GROUND OF NONCOMPLIANCE IN AS MU CH AS THE ASSESSEE HAS COMPLIED AND FURNISHED THE DETAILS CALLED FOR. 2. WHILE THIS APPEAL WAS BEING HEARD, IT WAS NOTICE D THAT THE LEARNED PCIT HAS DISMISSED THE APPLICATION RATHER SUMMARILY BY OBSER VING THAT IT IS NOTED THAT THERE IS NO CHARITABLE ACTIVITY INVOLVED IN THE TRUST AND THAT IT IS ON COMMERCIAL SCALE AND LEVELS, AND YET HE HAS ALSO OBSERVED THAT APPLICATION IS L IABLE TO BE REJECTED FOR WANT OF DETAILS. LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT HE IS READY TO FURNISH ALL SUCH FURTHER PARTICULARS AS MAY BE REQUISITIONED BUT THE APPLICATION SHOULD BE DISPOSED OF BY WAY OF A SPEAKING ORDER, DEALING WITH SPECIFIC SUBM ISSIONS OF THE ASSESSEE, AND AFTER ITA NO.2455/AHD/2017 A.V. VISION FOUNDATION VS. PR. CIT (EXEMPTIONS) PAGE 2 OF 2 GIVING A FAIR AND REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. LEARNED COUNSEL UNDERTAKES TO FULLY CO-OPERATE IN EXPEDITIOUS DISPO SAL OF REMANDED PROCEEDINGS AND TO SCRUPULOUSLY COMPLY WITH REQUISITIONS OF THE LEARNE D PCIT. 3. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT SER IOUSLY OPPOSE PRAYER OF THE LEARNED COUNSEL, FOR FRESH ADJUDICATION ON MERITS, BUT RELIES ON THE STAND OF THE LEARNED PCIT. 4. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PE RUSED THE MATERIAL ON RECORD, WE DEEM IT FIT AND PROPER TO REMIT THE MATTER TO TH E FILE OF THE LEARNED PCIT, FOR FRESH ADJUDICATION AFTER GIVING YET ANOTHER REASONABLE AN D FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE, IN ACCORDANCE WITH THE LAW AND BY WAY OF A SPEAKING ORDER. WE ORDER, ACCORDINGLY. 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 17 TH SEPTEMBER, 2018. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEM BER) DATED: 17 TH SEPTEMBER, 2018 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD