K. Khaitan Foundation, Kolkata V. DIT, Exemption, Kolkata, Kolkata

ITA 606/KOL/2010

• Counselvise Citation: 60623514 RSA 2010
• Duration Of Justice: 1 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2011
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 21-06-2011
• Assessment Year: 2009-2010
• Appeal Filed On: 25-03-2010
• Court: TRIBUNAL
• Department Lawyers: M BHATTACHARYA
• Assessee Lawyers: A K GUPTA
• Keywords: Opportunity of being heard

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH B, KOLKATA () BEFORE , , , , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. .!' !'!' !'. .. . , #$ SHRI C.D.RAO, ACCOUNTANT MEMBER % % % % / ITA NO . 606/KOL/2010 &' ()/ ASSESSMENT YEAR : (+, / APPELLANT ) K.KHAITAN FOUNDATION, KOLKATA (PAN: AAATK 3143 L) - & - - VERSUS - . (./+,/ RESPONDENT ) D.I.T., EXEMPTION, KOLKATA +, 0 1 #/ FOR THE APPELLANT: SHRI A.K.GUPTA ./+, 0 1 #/ FOR THE RESPONDENT: SHRI M.BHATTACHARYA #2 / ORDER ( (( ( . .. .!' !'!' !'. .. . ) )) ), , , , #$ PER SHRI C.D.RAO, AM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER DATED 10.02.2010 OF THE DIRECTOR OF INCOME TAX, EXEMPTION, KOLKATA. 2. THE ONLY ISSUE RAISED BY THE ASSESSEE IS R ELATING TO THE RENEWAL OF EXEMPTION U/S 80G(5)(VI) OF THE I.T.ACT, 1961. 3. AT THE TIME OF HEARING, THE LD. COUNSEL APPEA RING ON BEHALF OF THE ASSESSEE HAS SUBMITTED THAT THE LD. D.I.T., EXEMPTION, KOLKATA HAS NOT ASSIGNED ANY REASON BUT SIMPLY STATED THAT NO CHARITABLE ACTIVITIES WERE CA RRIED OUT BY THE TRUST FOR LAST THREE YEARS WHICH IS NOT FACTUALLY CORRECT. HE, THEREFORE , REQUESTED TO SET ASIDE THE MATTER TO THE D.I.T., EXEMPTION FOR FRESH CONSIDERATION. 2 4. ON THE OTHER HAND, THE LD. DR APPEARING ON BEHALF OF THE REVENUE HAS NOT RAISED ANY OBJECTION FOR SETTING ASIDE THE ISSUE. 5. AFTER HEARING THE RIVAL SUBMISSIONS AND ON PE RUSAL OF THE IMPUGNED ORDER IT IS OBSERVED THAT THE ORDER PASSED BY THE LD. D.I.T., E XEMPTION, KOLAKATA IS NOT IN ACCORDANCE WITH LAW. THEREFORE WE SET ASIDE THE IS SUE TO THE D.I.T., EXEMPTION, KOLKATA TO PASS A SPEAKING ORDER AS PER LAW AFTER G IVING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE I S ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 21.06.2011. SD/- SD/- MAHAVIR SINGH, JUDICIAL MEMBER . .. .!' !'!' !'. .. . , ,, , #$ #$ #$ #$ , C.D.RAO, ACCOUNTANT MEMBER. ( (( ('$ '$ '$ '$) )) ) DATE: 21.06.2011 #2 0 .3 4#3(5- COPY OF THE ORDER FORWARDED TO: 1. K.KHAITAN FOUNDATION, 3, QUEENS PARK, KOLKATA-70001 9. 2 THE D.I.T., EXEMPTION, KOLKATA 3. THE CIT, 4. THE CIT(A)- KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA /3 ./ TRUE COPY, #2&:/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES R.G.(.P.S.)