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2021 (1) TMI 284

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..... ssee has filed this appeal challenging the order dated 16.9.2020 passed by Ld. CIT(A)-14, Bengaluru and it relates to the assessment year 2017-18. The assessee is aggrieved by the decision of Ld. CIT(A) in confirming the rejection of exemption claimed by the assessee u/s. 11 of the Income-tax Act, 1961 ['the Act' for short]. 2. The Ld. A.R. submitted that the assessee is a Charitable Trus .....

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..... sought adjournment of the matter. Subsequently, the assessee filed its written submissions before Ld. CIT(A) on 30.9.2020. It was noticed later that the Ld. CIT(A), however, had passed the order on 16.9.2020 itself without giving an opportunity of being heard to the assessee. The Ld. A.R. also submitted that even though the order of Ld. CIT(A) is dated 16.9.2020, yet it was digitally signed by Ld. .....

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..... orm No. 10B. She submitted that the said petition is still pending before CBDT. Accordingly, the Ld. A.R. submitted that the assessee may be provided with an opportunity to present its case before Ld. CIT(A). 6. We heard Ld. D.R., who submitted that the A.O. has rejected exemption claimed u/s. 11 of the Act since the assessee did not furnish audit report in form No. 10B along with return of incom .....

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..... at the assessee should be provided with an opportunity to present its case before Ld. CIT(A). In fact, affording one more opportunity to the assessee would promote the cause of justice. Accordingly, we set aside the entire order passed by the Ld. CIT(A) and restore all the issues to his file for adjudicating them afresh, after affording adequate opportunity of being heard to the assessee. 8. In t .....

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