2017 (2) TMI 1441 - AT - Income Tax

Application for registration u/s 12AA rejected - HELD THAT - The assessee filed inter alia a copy of the Registration Certificate dated 11.07.2000 issued by the ld. CIT granting registration to the assessee u/s 12A(a) of the Act w.e.f. 01.04.1998. In the Synopsis filed before us as well as in the arguments made the assessee has stated that admittedly this Certificate could not be filed before the ld. CIT(E). In the interest of justice we remit this matter to the ld. CIT(E) to re-decide the assessee s application after taking into consideration the above Certificate. The assessee no doubt shall co-operate in the fresh proceedings before the ld. CIT(E) and all pleas available to the assessee under the law shall remain so available to it.

Summary

Issues: Appeal against rejection of application for registration u/s 12AA of the I.T. Act.

The judgment pertains to the appeal filed by the assessee against the order of the ld. CIT(Exemptions) rejecting the application for registration under section 12AA of the Income Tax Act. The assessee submitted a copy of the Registration Certificate issued earlier, which was not presented before the ld. CIT(E). The Tribunal, in the interest of justice, remitted the matter back to the ld. CIT(E) for reconsideration, taking into account the Certificate provided by the assessee. The Tribunal emphasized the need for the assessee's cooperation in the fresh proceedings and confirmed that all legal remedies available to the assessee remain unaffected. Consequently, the appeal was treated as allowed for statistical purposes.

The judgment highlights the importance of presenting all relevant documents before the authorities during proceedings. It underscores the principle of fairness and justice by allowing the assessee another opportunity to have their application reconsidered with the additional evidence. The Tribunal's decision to remit the matter back for fresh consideration ensures that the assessee's rights are protected and that due process is followed. The judgment also reaffirms that the assessee must actively participate in the proceedings before the ld. CIT(E) and that all legal options available under the law are preserved. Overall, the judgment reflects a balanced approach to address the issue raised in the appeal and upholds the principles of natural justice and procedural fairness in tax matters.