Mark Foundation & Welfare Society v. The Commissioner of Income-tax, (Exemptions), Chandigarh
[Citation -2016-LL-0916-9]

Citation 2016-LL-0916-9
Appellant Name Mark Foundation & Welfare Society
Respondent Name The Commissioner of Income-tax, (Exemptions), Chandigarh
Court ITAT-Amritsar
Relevant Act Income-tax
Date of Order 16/09/2016
Judgment View Judgment
Keyword Tags opportunity of being heard • educational society • ex-parte order
Bot Summary: Appellant by: None Respondent by: Sh. Rahul Dhawan, DR Date of hearing: 14/09/2016 Date of pronouncement: 16/09/2016 ORDER PER T.S. KAPOOR, AM: The assessee has filed the present appeal against the ex-parte order of the Commissioner of Income Tax, Chandigarh, passed under section 12AA of the Income Tax Act, 1961. Counsel for the assessee had filed an application dated 13.09.2016 requesting for adjournment, due to demise of his Aunt. As per records, the assessee has neither provided any note on its activities nor balance sheets since its inception have been provided by the applicant trust. There is no materials made available to me so that I could be satisfied about the genuineness of the activities of the trust or institution. CIT(E), it is evident that the assessee has neither appeared, nor provided any note on its activities nor produced balance sheets since the inception of the trust, from which the genuineness of the activities of the trust could be gathered. CIT(E), to be decided afresh in accordance with law, after affording due and adequate opportunity of being heard to the assessee. In the result, the appeal of the assessee is treated as allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. T. S. KAPOOR, ACCOUNTANT MEMBER AND SH. N.K. CHOUDHRY, JUDICIAL MEMBER ITA No.476(Asr)/2015 Mark Foundation & Welfare vs. Commissioner of Income Tax, Society (Regd.), Building No.19, (Exemptions), Chandigarh. 22 Num,ber Phataka Road, Adjoining Khalsa College, P.O. Khalsa College, Amritsar. (Appellant) (Respondent) Appellant by: None Respondent by: Sh. Rahul Dhawan, DR Date of hearing: 14/09/2016 Date of pronouncement: 16/09/2016 ORDER PER T.S. KAPOOR, AM: assessee has filed present appeal against ex-parte order of Commissioner of Income Tax (Exemptions), Chandigarh, passed under section 12AA of Income Tax Act, 1961. 2. Nobody appeared on behalf of assessee. However, ld. counsel for assessee had filed application dated 13.09.2016 requesting for adjournment, due to demise of his Aunt (Mamee Ji). However, we found that matter can be disposed off even in absence of 2 ITA No.476/Asr/2015 ld. counsel and therefore, adjournment application was rejected and ld. DR was heard. 3. Having heard ld. DR and perusing relevant material available on record, we find that ld. CIT(E) has passed ex-parte order observing as under : 2. As per records, assessee has neither provided any note on its activities nor balance sheets since its inception have been provided by applicant trust. There is no materials made available to me so that I could be satisfied about genuineness of activities of trust or institution. Reliance is made in case of Commissioner of Income Tax-1, Chandigarh vs. Sri Guru Gorakh Nath Charitable Educational Society, Ropar of Punjab & Haryana High Court dated 05.05.2015 vide which power of Commissioner to look into objects of Society and genuineness of same cannot be doubted when basis is of non-supply of information. 3. registration u/s 12AA of I.T.Act, 1961 is thus, denied to trust. 5. In view of above observations of ld. CIT(E), it is evident that assessee has neither appeared, nor provided any note on its activities nor produced balance sheets since inception of trust, from which genuineness of activities of trust could be gathered. Therefore, in interest of justice, we deem it appropriate to remit issue back to file of ld. CIT(E), to be decided afresh in accordance with law, after affording due and adequate opportunity of being heard to assessee. assessee-trust shall, no doubt, cooperate with ld. CIT(E) in fresh proceedings and produce all material required by ld. CIT(E). 3 ITA No.476/Asr/2015 6. In result, appeal of assessee is treated as allowed for statistical purposes. Order pronounced in open court on 16/09/2016. Sd/- Sd/- (N.K. CHOUDHRY) (T.S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER /SKR/ Dated: 16/09/2016 Copy of order forwarded to: 1. Assessee: Mark Foundation & Welfare Society, Amritsar. 2. CIT(E), Chandigarh 3. SR DR, ITAT, Amritsar. True copy By order Income Tax Appellate Tribunal, Amritsar Bench: Amritsar. Mark Foundation & Welfare Society v. Commissioner of Income-tax, (Exemptions), Chandigarh
Report Error