2015 (10) TMI 1602 - AT - Income Tax

Registration under section 12A rejected - Held that - Commissioner of Income-tax (Exemptions) was in a hurry to close the case and had given a very short time to the assessee, which establish the fact that the learned Commissioner of Income-tax (Exemptions) has not given sufficient opportunity of being heard to the applicant-society to substantiate its claim before him, which is contrary to the principles of natural justice. In the interests of justice, we set aside the issue in dispute to the file of the learned Commissioner of Income-tax (Exemptions) for deciding the issue afresh, after giving sufficient opportunity of being heard to the assessee-society, under the law. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
1. Rejection of registration application under section 12A of the Income-tax Act, 1961.
2. Allegation of non-speaking order and lack of opportunity to the assessee-society.

Analysis:

Issue 1: The appeal was against the rejection of the registration application under section 12A of the Income-tax Act, 1961. The Commissioner of Income-tax (Exemptions) rejected the application based on the grounds that the society was not carrying out charitable activities, lacked proper documentation, and failed to prove the genuineness of its activities. The Commissioner cited legal precedents to support the decision, emphasizing the importance of actual charitable activities over mere intentions. The Commissioner's decision was based on the failure of the society to meet the criteria of section 12AA(1)(b) of the Act, which require satisfaction of both the object and genuineness of activities. The Commissioner's order was passed under section 12AA(1)(b)(ii) of the Income-tax Act, 1961.

Issue 2: During the appeal, the counsel for the assessee argued that the Commissioner's order was a non-speaking order and did not provide sufficient opportunity to the assessee-society, violating the principles of natural justice. The Departmental representative supported the Commissioner's order. Upon hearing both parties and reviewing the records, the Tribunal found that the Commissioner had not given the assessee-society adequate time and opportunity to present its case, contrary to the principles of natural justice. As a result, the Tribunal set aside the issue for the Commissioner to reconsider after providing the assessee-society with a fair opportunity to be heard. The appeal was allowed for statistical purposes.

In conclusion, the Tribunal's decision highlighted the importance of adhering to principles of natural justice and providing adequate opportunity for parties to present their case. The case was remanded back to the Commissioner for a fresh decision after affording the assessee-society a fair hearing, emphasizing the significance of due process in such matters.