M/s VKC Foundation, V. Commissioner of Income Tax (Exemption), Lucknow

ITA 782/LKW/2015

• Counselvise Citation: [2016] 128 COUNSELVISE.COM (IT) 9771 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 29-02-2016
• Assessment Year: misc
• Appeal Filed On: 28-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside
• Section: 12AA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.782/LKW/2015 ASSESSMENT YEAR 2016-17 CHIEF COMMISSIONER OF INCOME TAX (EXEMPTIONS) LUCKNOW VS M/S VKC FOUNDATION C/O VERENDRA KALRA & CO. CHARTERED ACCOUNTANTS, 75/7 RAJPUR ROAD, OPP SBI LIFE INSURANCE OFFICE, DEHRADUN 248001 UTTRAKHAND PAN AAFCV0741F (RESPONDENT) (APPELLANT) SHRI A.P. SINHA, ADVOCATE APPELLANT BY SHRI AMIT NIGAM, DR RESPONDENT BY 29/02/2016 DATE OF HEARING 15/03/2016 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE O RDER OF LD. CIT (EXEMPTIONS), LUCKNOW DATED 26.10.2015 PASSED BY HI M U/S 12AA OF THE INCOME TAX ACT, 1961. 2. THE ASSESSEE HAS RAISED VARIOUS GROUNDS BUT THE ONLY GRIEVANCE OF THE ASSESSEE IS REGARDING REJECTION OF THE ASSESSEE APP LICATION FOR REGISTRATION U/S 12AA OF THE ACT. IT WAS SUBMITTED BY LD. AR OF THE ASSESSEE THAT IT IS NOTED BY LD. CIT (EXEMPTIONS) IN THE IMPUGNED ORDER THAT THE DATE OF RECEIPT OF THE APPLICATION IS 25.05.2015 AND ONLY ONE NOTICE OF HE ARING WAS ISSUED BY LD. CIT (EXEMPTIONS) ON 26.08.2015 ASKING FOR COMPLIANC E ON 26.10.2015 AND THE ORDER WAS PASSED BY HIM ON THE SAME DAY I.E. 26 .10.2015. 2 3. HE FURTHER SUBMITTED THAT UNDER THESE FACTS, IT IS APPARENT THAT REASONABLE OPPORTUNITY OF HEARING WAS NOT PROVIDED BY LD. CIT (EXEMPTIONS) AND THEREFORE, THE MATTER MAY BE RESTORED BACK TO H IS FILE FOR A FRESH DECISION AFTER ALLOWING REASONABLE OPPORTUNITY OF BEING HEAR D TO THE ASSESSEE. 4. LD. DR OF THE REVENUE SUPPORTED THE ORDER OF LD. CIT (EXEMPTIONS). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FEE L THAT IN THE FACTS OF PRESENT CASE, THE MATTER HAS TO GO BACK TO CIT (EXE MPTIONS) FOR FRESH DECISION AFTER ALLOWING THE ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE BECAUSE IN THE FIRST ROUND, ADEQUATE OPPOR TUNITY WAS NOT PROVIDED BY CIT (EXEMPTIONS). WE THEREFORE, SET ASIDE THE O RDER OF LD. CIT (EXEMPTIONS) AND RESTORE THE MATTER BACK TO THE FIL E FOR A FRESH DECISION AFTER ALLOWING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS STANDS ALLOWED FOR STATISTICAL PURPOSES. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE) SD/- SD/- (SUNIL KUMAR YADAV) (A.K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15/03/2016 AKS COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTR AR