2022 (7) TMI 1557 - AT - Income Tax

Refusal to grant approval u/s 12AA - order passed by CIT (Exemptions) dismissing the application of the assessee/applicant, without giving an opportunity of being heard - denial of principle of natural justice - assessee submitted that the Trust is carrying out activities within the scope permitted under the Income Tax Act, and if given an opportunity of hearing, the assessee/applicant is willing to file all necessary details/documents as may be required for registration of Trust. HELD THAT - We note that the CIT (Exemptions) passed the order ex-parte and the assessee/applicant did not have opportunity to present his case in detail. We note is that only two notices of hearing were issued to the assessee/applicant out of which only one remained un-compiled with. In the interest of justice, we are therefore, hereby setting aside the matter to the file of CIT (Exemptions) for fresh consideration - Appeal of the assessee/applicant is being allowed for statistical purposes.

Summary

Issues:
1. Refusal to grant approval under section 12AA of the Income Tax Act, 1961.
2. Dismissal of the application for registration of the Trust under section 12AA of the Income Tax Act.
3. Ex-parte order passed by CIT (Exemptions) without giving an opportunity of being heard.

Analysis:
Issue 1:
The assessee's appeal arose from the order of the CIT (Exemption) refusing to grant approval under section 12AA of the Income Tax Act. The CIT (Exemption) dismissed the application for registration of the Trust under section 12AA due to the applicant's failure to provide necessary details and documents to establish the genuineness of its activities. The CIT (Exemption) emphasized the importance of verifying the activities of the trust in consonance with its objects before granting registration under section 12AA. The Tribunal noted the lack of opportunity for the assessee to present its case and set aside the matter for fresh consideration, directing the CIT (Exemption) to provide a fair opportunity of hearing to the assessee/applicant.

Issue 2:
The CIT (Exemption) dismissed the application for registration of the Trust under section 12AA, citing the applicant's non-compliance with providing essential documents such as registration copies, financial statements, ID proofs, and other necessary details. The CIT (Exemption) highlighted the significance of verifying the genuineness of the trust's activities and ensuring they align with the trust's objectives. The Tribunal acknowledged the lack of a fair opportunity for the assessee to be heard and, in the interest of justice, remanded the matter back to the CIT (Exemption) for reconsideration after granting a proper hearing to the assessee/applicant.

Issue 3:
The Tribunal observed that the order passed by the CIT (Exemption) was ex-parte, depriving the assessee/applicant of a fair opportunity to present its case in detail. The Tribunal noted that only two notices of hearing were issued, and one remained un-compiled with by the applicant. Consequently, the Tribunal set aside the order and directed the CIT (Exemption) to re-examine the matter after affording the assessee/applicant a proper opportunity to be heard. The appeal of the assessee/applicant was allowed for statistical purposes, emphasizing the importance of procedural fairness in such matters.