TIRTHANKER AADINATH EDUCATIONAL TRUST, GHAZIABAD V. CIT, EXEMPTION, LUCKNOW

ITA 6054/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9143 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: misc
• Appeal Filed On: 27-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Assessee Lawyers: A K SRIVASTAVA
• Keywords: Opportunity of being heard
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE SH. BHAVNESH SAINI, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 6054/DEL/2017 : ASSTT. YEAR : TIRTHANKER AADINATH EDUCATIONAL TRUST, C/O R K JAIN, ADV., SHOP NO.2, NAGAR NIGAM COMPOUND, MEERUT, U.P.-250002 VS CIT, EXEMPTION, LUCKNOW (APPELLANT) (RESPONDENT) PAN NO. AA CTT4431E ASSESSEE BY : SH. A. K. SRIVASTAVA, AR REVENUE BY : SH. PRAKASH DUBEY, SR. DR DATE OF HEAR ING: 10 . 0 3 .20 2 1 DATE OF PRONOUNCEMENT: 19 .03 .20 2 1 ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT, EXEMPTION, LUCKNOW DATED 14.08.2017. 2. THE ASSESSEE FILED APPLICATION FOR REGISTRATION U/S 12AA OF THE INCOME TAX ACT, 1961 ON 23.02.2017. THE LD. CIT (E), KANPUR ACCORDED AN OPPORTUNITY OF BEING HEARD WHILE LETTER DATED 06.07.2017 FIXING THE HEARING ON 11.08.2017 A ND AS PER THE ORDER OF THE LD. CIT(E), ON THE DESIGNATED DATE NONE APPEARED ON BEHALF OF THE ASSESSEE. 3. THE LD. CIT (E) REJECTED THE APPLICATION ON THE GROUNDS THAT THE BOOKS OF ACCOUNTS HAVE NOT BEEN PRODUCED A ND THE ACTIVITIES WERE NOT FOUND TO BE EXECUTED BY THE ASS ESSEE. THE ITA NO. 6054/DEL/2017 TIRTHANKER AADINATH EDUCATIONAL TRUST 2 LD. CIT(E) HELD THAT FAILURE TO PRESENT INDICATES T HAT IT IS AN ATTEMPT TO INTRODUCE MONEY SOURCED OUT OF UNKNOWN S OURCES INTO THE TRUST AND PLANNED IT AS A PART OF THE FUND S OF THE TRUST. 4. WE FIND NO SUBSTANTIATION ON THE REASONING GIVEN BY THE LD. CIT(E). IN THE INTEREST OF JUSTICE, WE REMAND THE M ATTER BACK TO THE FILE OF THE LD. CIT(E) WITH DIRECTIONS TO THE A SSESSEE TO ABIDE THE NOTICES ISSUED BY THE REVENUE AND PRESENT THEIR CASE BEFORE THE LD. CIT(E) DENOVO. 5. AS A RESULT, THE APPEAL OF THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19/03/2021 SD/- SD/- (BHAVNESH SAINI) (DR. B. R. R. KUMAR) JUDICIAL MEMBER ACC OUNTANT MEMBER DATED: 19/03/2021 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR