Federation of Indian Micro and Small & Medium Enterprises, New Delhi V. DIT(E), New Delhi

ITA 3735/DEL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9781 (ITAT-DELHI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 04-01-2010
• Assessment Year: misc
• Appeal Filed On: 03-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA
• Assessee Lawyers: S K SARKAR
• Section: 80G; 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `B: NEW DELHI BEFORE SH G.E. VEERABHADRAPPA,VP & SH R.P.TOLANI ,JM I.T.A. NO. 3735/DEL OF 2009 ASSESSMENT YEAR: - FEDERATION OF INDIAN MICRO & SMALL VS D.I.T. (EXEMP TION), & MEDIUM ENTERPRISES, AAYAKAR BHAWAN, DISTT. B-4/61, SAFDARJUNG ENCLAVE, NEW DELHI. CENTRE, NEW DELHI. APPELLANT RESPONDENT APPELLANT BY: SHRI S.K. SARKAR RESPONDENT BY: SHRI MANISH GUPTA ORDER PER R.P. TOLANI, JM: THIS IS ASSESSEES APPEAL. SOLE GROUND RAISED IS AS UNDER: THE LD. DIT(E) HAS ERRED IN REFUSING TO RENEW EXEMPTION U/S 80G OF THE INCOME-TAX ACT, 1961. 2. LEARNED COUNSEL FOR THE ASSESSEE CONTENDS THAT T HE ASSESSEE IS REGISTERED U/S 12A AND HAS BEEN GRANTED REGISTRATIO N U/S 80G OF THE INCOME- TAX ACT. FOR RENEWAL OF THIS REGISTRATION AN APPLIC ATION DATED 2.3.2009 IN FORM NO.10G WAS FILED IN SUPPORT THEREOF ASSESSEE M ADE SOME COMPLIANCE. BY FURTHER REPLY DATED 3.8.2009 ASSESSEE FILED ITS AUDITED STATEMENTS AND CONTENDED THAT THE AUDITED STATEMENTS FULFILLED THE REQUIREMENTS IN RESPECT OF FURNISHING OF REGULAR BOOKS OF ACCOUNTS AND SUPPORT ING VOUCHERS. IT WAS HUMBLY STATED BEFORE THE DIT THAT FURTHER NECESSARY QUERIES WOULD BE MADE 2 BY THE AO AT THE TIME OF ASSESSMENT. DIT, HOWEVER, HELD THAT IN THE ABSENCE OF PRODUCTION OF BOOKS OF ACCOUNTS, THE STATEMENTS COULD NOT BE VERIFIED AND REFUSED THE RENEWAL OF EXEMPTION U/S 80-G. IT WAS PLEADED THAT THE ASSESSEE IS WILLING TO PRODUCE BOOKS OF ACCOUNT IN THIS BEHA LF. 3. LEARNED DR, IN REPLY, CONTENDS THAT DIT WANTED T O VERIFY THE CORRECTNESS OF STATEMENT OF ACCOUNTS FURNISHED BY A SSESSEE, IN THE ABSENCE OF BOOKS, THE CORRECTNESS COULD NOT BE VERIFIED, THERE FORE, EXEMPTION U/S 80G HAS BEEN RIGHTLY REFUSED TO BE RENEWED. 4. APROPOS THE PLEA OF THE ASSESSEE THAT THE BOOKS OF ACCOUNTS WILL BE PRODUCED, BOTH THE PARTIES AT THE END OF ARGUMENTS AGREED THAT THE ISSUE MAY BE SET ASIDE, RESTORE BACK TO THE FILE OF DIT(E) TO DECIDE THE APPLICATION OF RENEWAL AFRESH IN ACCORDANCE WITH LAW. ASSESSEE UND ERTAKES TO PRODUCE BOOKS OF ACCOUNT. ACCEDING TO THE REQUEST OF BOTH THE PARTIES, THE MATTER IS RESTORED BACK TO THE FILE OF DIT(E) ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH JANUARY, 2010. (G.E. VEERABHADRAPPA) (R.P. TOLANI) VICE PRESIDENT JUDICIAL MEMBER DATED: 4 TH JANUARY, 2010 VIJAY 3 COPY TO: 1. APPELLANT. 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR ASSISTANT REGISTRAR