2016 (7) TMI 814 - AT - Income Tax

Renewal of approval under section 80G(vi) denied - Held that - DIT (Exemptions) has not called for any clarifications/justifications from the assessee and has proceeded to adjudicate and reject the assessee s application in contravention of the principles of natural justice. Therefore in the interest of justice we restore the issue to the file of the Ld. DIT (Exemptions) for fresh adjudication with the direction that the assessee be afforded a proper opportunity of being heard before such adjudication. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
- Rejection of renewal of approval under section 80G of the Income Tax Act, 1961 without proper opportunity for explanation.

Analysis:
The appeal was filed against the order rejecting the renewal of approval under section 80G of the Income Tax Act, 1961. The assessee, a registered entity under section 12AA of the Act, had its approval under section 80G(vi) valid until 31.03.2008. The grounds of appeal highlighted the illegality of the order passed by the Ld. Director of Income Tax (Exemptions) and the failure to renew the approval under section 80G(vi) based on the conditions laid down in section 80G(5) of the Income Tax Act. The Ld. AR argued that the rejection was done without providing a proper opportunity for the assessee to present its case. The Departmental Representative supported the order of the Ld. DIT (E).

Upon reviewing the submissions and relevant material, it was noted that the rejection was solely based on the documents submitted by the assessee. The Ld. DIT(E) concluded that the company did not fulfill the conditions for exemption under section 80G(5) as it was engaged in providing services on a contract basis and receiving fees without engaging in charitable activities from its own resources. The company was deemed to be selling its expertise for fees through consultancy, conferences, and membership fees, indicating a lack of charitable activity. The rejection was made without seeking clarifications or justifications from the assessee, violating the principles of natural justice.

In light of the procedural irregularity and denial of opportunity to be heard, the Tribunal decided to set aside the order and remand the issue back to the Ld. DIT (Exemptions) for fresh adjudication. The direction was given to afford the assessee a proper opportunity to present its case before a decision is made. The appeal was allowed for statistical purposes, emphasizing the importance of adherence to principles of natural justice in such matters.