2014 (5) TMI 967 - AT - Income Tax

Ex-parte order Opportunity of hearing not given - Rejection of registration application u/s 12AA(1)(b)(ii) of the Act Held that - The DIT (Exemption) called for details and documents vide letter dated 01.10.2012 and thereafter, before rejecting the application for registration of the trust, did not allow any other opportunity to the assessee to present its case before him - it would be in the interest of justice that the matter to be remitted back to the DIT(Exemption) for fresh adjudication Decided in favour of Assessee.

Summary

Issues:
1. Appeal against the rejection of registration application under section 12AA(1)(b)(ii) of the Income Tax Act, 1961.
2. Denial of reasonable opportunity of being heard before rejecting the registration application.
3. Rejection of registration based on the trust not commencing any activities.

Analysis:
1. The appeal was filed against the order of the Director of Income Tax(Exemption) rejecting the registration application of the trust under section 12AA(1)(b)(ii) of the Income Tax Act, 1961. The appellant argued that the rejection was illegal and bad in law as they were not given a reasonable opportunity to be heard before the order was passed. The appellant contended that the Director should have considered whether the trust's objects were charitable and its activities were genuine before rejecting the application solely based on the trust not commencing any activities.

2. The appellant's representative highlighted that the Director had requested detailed information and documents from the trust before rejecting the application. However, the Director did not provide any further opportunity for the trust to present its case before making the decision. The appellant argued that the rejection was solely based on the trust not starting any activities, without any finding regarding the charitable nature of the trust's objects or the genuineness of its activities. The appellant requested the reversal of the Director's decision and the grant of registration to the trust.

3. On the other hand, the respondent supported the Director's decision and emphasized that the trust had not been allowed a reasonable opportunity of hearing before the rejection. The respondent suggested that the matter should be sent back to the Director for a fresh review and decision after providing proper hearing to the trust. After considering the arguments, the Tribunal found that the Director did not allow sufficient opportunity for the trust to present its case. Therefore, the Tribunal decided to send the matter back to the Director for a fresh review, emphasizing the importance of providing a proper opportunity for the trust to be heard before making a decision. Consequently, the appeal of the assessee was allowed for statistical purposes.

In conclusion, the Tribunal's decision highlighted the significance of providing a fair opportunity for parties to be heard before making decisions, especially in matters concerning the registration of trusts under the Income Tax Act. The case underscores the principles of natural justice and the need for thorough consideration of all relevant aspects before rejecting such applications.