SHRI SATYANARAYAN SEVA SAMITI,NAYAGARH V. CIT(EXEMPTION),BHUBANESWAR, BHUBANESWAR

ITA 208/CTK/2025

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The case involves Shri Satyanarayan Seva Samiti, a charitable trust, appealing against the order of the CIT(Exemption), which denied them registration under section 80G of the Income Tax Act. The trust had been granted registration under section 12A just two days after the rejection of their 80G application. The primary contention was that the CIT(Exemption) did not provide adequate reasoning or details in their order, leading to the appeal. The Tribunal noted the lack of a detailed explanation in the CIT(Exemption)'s order and decided to remand the matter for a fresh decision after providing the trust an opportunity to be heard.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 711503 (ITAT-CUTTACK)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: misc
• Laws Referred To: Section 12A of the Income Tax Act, Section 80G of the Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ASHIM KUMAR CHAKRABORTY
• Assessee Lawyers: S.K.AGRAWALLA
• Keywords: Opportunity of being heard

Judgement Text

" आयकर अपीलीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य एवं श्री राजेश क ुमार, लेखा सदस्य क े समक्ष । (THROUGH VIRTUAL HEARING) BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER आयकर अपील सं/ITA No.208/CTK/2025 (नििाारण वर्ा / Assessment Year : 2025-2026) Shri Satyanarayan Seva Samiti Itamati, Nayagarh, Odisha-752068 Vs CIT(Exemption), Bhubaneswar PAN No. :ABDTS 5486 Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri S.K.Agrawalla, CA राजस्व की ओर से /Revenue by : Shri Ashim Kumar Chakraborty, CIT-DR सुनवाई की तारीख / Date of Hearing : 23/07/2025 घोषणा की तारीख/Date of Pronouncement : 23/07/2025 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(Exemption), Hyderabad dated 17.03.2025 for assessment year 2025- 2026. 2. It was submitted by the ld AR that the assessee has been granted registration u/s.12A of the Act vide order dated 19.03.2025. It was the submission that however, the registration u/s.80G of the Act has been rejected vide order dated 17.03.2025 i.e. two days prior to the grant of registration u/s.12A of the Act. It was the prayer that as the assessee has been granted registration u/s.12A of the Act, the assessee is liable to be granted registration u/s.80G of the Act. 3. In reply, ld. CIT-DR vehemently supported the order of the ld. CIT(E). It was the submission that the activities of the assessee are not Printed from counselvise.com ITA No.208/CTK/2025 2 commensurate with the activities as per objectives of the registered Deed/MOA/AOA. It was the submission that the order of the ld. CIT(E) is liable to be upheld. 4. We have considered the rival submissions. A perusal of the facts in the present case clearly show that the ld. CIT(E) has adjudicated the application filed in form 10AB for registration u/s.80G of the Act two days prior to the grant of registration u/s.12A of the Act. Further a perusal of the order of the ld.CIT(E) shows that the order is not a speaking order, insofar as no details are coming out from the order of the ld.CIT(E). What are the activities of the trust which are not commensurate with the activities as per the objectives of the registered Deed of the assessee trust, has not been explained. This being so, in the interest of justice, the issues in this appeal are restored to the file of the ld. CIT(E) for readjudication afresh after granting the assessee adequate opportunity of being heard. 5. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 23/07/2025. Sd/- (राजेश क ुमार) (RAJESH KUMAR) Sd/- (जाजज माथन) (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER Kolkata, ददनाांक Dated 23/07/2025 Prakash Kumar Mishra, Sr.P.S. Printed from counselvise.com ITA No.208/CTK/2025 3 आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशािुसार/ BY ORDER, (Assistant Registrar) आयकर अपीलीय अधिकरण, कटक/ITAT, Cuttack 1. अपीलाथी / The Appellant- 2. प्रत्यथी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कटक / DR, ITAT, Cuttack 6. गार्ज फाईल / Guard file. सत्यापपत प्रयत //True Copy// Printed from counselvise.com "