2013 (11) TMI 1805 - AT - Income Tax

Summary

Issues involved: Misc. Applications filed by the Revenue seeking fresh adjudication of the issue and setting aside the matter to the file of the Ld. CIT to decide the issue de novo.

Summary:
The Misc. Applications were filed by the Revenue challenging the order of the ITAT dated 11.07.2012 passed in ITA Nos. 617(Asr)/2013 & 618(Asr)/2013. The applications sought fresh adjudication of the issue regarding the registration of the assessee trust under section 12AA(b)(ii) of the Income Tax Act, 1961. The ITAT had directed the CIT to grant registration to the assessee, which the Revenue contended was done without completing the necessary procedure and recording satisfaction as per section 12AA of the Act.

The Revenue argued for fresh adjudication and setting aside the matter to the file of the CIT for deciding the issue de novo. However, the counsel for the assessee contended that no mistake was pointed out in the ITAT's order and prayed for the dismissal of the Misc. Applications.

After hearing the contentions of both parties and examining the facts of the case, the ITAT found that no mistake was identified in the applications filed by the Revenue. Consequently, the ITAT rejected the Misc. Applications filed by the Revenue, leading to the dismissal of M.A. Nos. 33 & 34(Asr)/2013.

The judgment was pronounced in the open court on 27th November 2013.