Indus Foundation, Ahmednagar V. Commissioner of Income-tax, (Exemptions), Pune

ITA 2786/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3844 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 29-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHEKHAR L GAJBHIYE
• Assessee Lawyers: N O N E
• Keywords: Set aside
• Section: 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / ITA NO. 2786 /PUN/201 7 INDUS FOUNDATION, MALPANI HOUSE, I G MARG, SANGAMNER 422605 PAN : AAATI9853K ....... / APPELLANT / V/S. DCIT (EXEMPTIONS), PUNE / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI S HEKHAR L. GA J BHIYE / DATE OF HEARING : 03 - 11 - 2020 / DATE OF PRONOUNCEMENT : 05 - 11 - 2020 / ORDER PER S.S. VISWANETHRA RAVI, JM : THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 20 - 09 - 2017 PASSED BY THE COMMISSIONER OF INCOME TAX ( EXEMPTIONS), PUNE. 2 ITA NO . 2786/PUN/2017 2. WE FIND NO REPRESENTATION ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FILED SEEKING ADJOURNMENT. THUS, THE ASSESSEE CALLED ABSENT AND SET EX - PARTE. THEREFORE WE PROCEED TO DISPOSE OF THE CASE BY HEARING THE LD. DR AND PERUSING THE MATERIAL AVAILABLE ON RECORD. 3. HEARD LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE NOTE THAT THE ASSESSEE MADE AN APPLICATION IN FORM NO. 10A SEEKING REGISTRATION OF THE TRUST U/S. 12A OF THE ACT. IN ORDER TO VERIFY THE SAME THE CIT(EXEMPTIONS) CALLED FOR DOCUM ENTS OR INFORMATION FROM THE ASSESSEE TO VERIFY THE GENUINENESS OF ITS ACTIVITIES. ACCORDING TO CIT(EXEMPTIONS) NO ONE APPEARED ON BEHALF OF THE ASSESSEE , BUT , SUBMISSIONS FILED THROUGH POST ON 17 - 07 - 2017. THE CIT(EXEMPTIONS) OBSERVED THAT NO VERIFIABLE DETAILS IN SUPPORT OF THE ACTIVITIES OF ASSESSEE TRUST HAVE BEEN FURNISHED AND IN THE ABSENCE OF SUCH REQUISITE DETAILS REJECTED THE GRANT OF REGISTRATION. 4. THE ASSESSEE CHALLENGED THE ACTION OF CIT(EXEMPTIONS) IN HOLDING THE ASSESSEE COULD NOT FURNIS H THE DETAILS AS CALLED FOR. WE FIND THAT , THOUGH THE ASSESSEE RAISED A GROUND , THAT ALL THE DETAILS FILED BEFORE THE CIT(EXEMPTIONS) FOR HIS VERIFICATION REGARDING THE GENUINENESS OF ASSESSEE BUT NO EVIDENCE FILED BEFORE THIS TRIBUNAL TO SHOW THAT ALL TH E DETAILS WERE SUBMITTED BEFORE THE CIT(EXEMPTIONS). THEREFORE, WE DEEM IT PROPER TO AFFORD ONE MORE OPPORTUNITY FOR THE ASSESSEE TO FURNISH ALL THE DETAILS BEFORE THE CIT(EXEMPTIONS) FOR HIS EXAMINATION. THE ASSESSEE IS LIBERTY TO FILE EVIDENCE, IF ANY, IN SUPPORT OF GRANT OF REGISTRATION U/S. 12A OF THE ACT. 3 ITA NO . 2786/PUN/2017 THUS, THE ORDER OF CIT(EXEMPTIONS) IS SET ASIDE AND GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOS E. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH NOVEMBER, 2020 . SD/ - SD/ - ( INTURI RAMA RAO ) ( S.S. VISWANETHRA RAVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 05 TH NOVEMBER, 2020. RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT ( EXEMPTIONS), PUNE 4 . , , , / DR, ITAT, A BENCH, PUNE. 5 . / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE