2020 (4) TMI 621 - AT - Income Tax

Appeal allowed emphasizing procedural fairness in Income Tax Act registration matters

Sant Upasni Maharaj Bahuudeshiya Sevabhavi Sanstha Versus The Commissioner of Income Tax (Exemption), Pune.

The appeal was allowed for statistical purposes, emphasizing the importance of procedural fairness in registration matters under the Income Tax Act. The ... Exemption u/s 11 - registration u/s 12A denied merely on the basis of the Report of the Inspector - Assessee denied natural justice and has also not provided the opportunity to contradict the report of the Inspector - HELD THAT:- Inspector had conducted detailed enquiry and have also contacted various students who are exempted from paying the fees by the assessee trust. Neither the copy of the report was provided to the assessee nor the comments of the assessee were called for on the report of the Inspector. CIT(Exemption) without confronting the report of the Inspector have wrongly held that the assessee was into commercial activities. CIT(Exemption) was under duty to provide the copy of the report of the Inspector to the assessee and thereafter the assessee should called upon to furnish its report and the assessee may also be called upon by the Ld.CIT(Exemption) to file any other documents to prove the genuineness of the activities of the assessee. As the Ld. CIT(Exemption) has not followed the principles of natural justice and has also not provided the opportunity to contradict the report of the Inspector. Matter is required to be sent back to the file of Ld. CIT(Exemption) for fresh adjudication of the matter in accordance with law - Appeal of the assessee is allowed for statistical purposes. Issues:1. Rejection of application for registration under section 12AA of the Income Tax Act, 1961.2. Compliance with the conditions of section 2(15), 11, and 12AA.3. Denial of natural justice in the adjudication process.Analysis:Issue 1: Rejection of application for registration under section 12AAThe appeal arose from the order of the Ld. CIT (Exemption) Pune rejecting the application for registration under section 12AA of the Income Tax Act, 1961. The grounds of appeal highlighted the disagreement with the rejection and sought registration for the trust. The Ld. AR of the assessee argued that the trust fulfilled the conditions specified under sections 2(15), 11, and 12AA, emphasizing the trust's educational and charitable purposes. The rejection was based on a report from the Inspector without providing the assessee with an opportunity to respond, leading to a lack of natural justice in the decision-making process.Issue 2: Compliance with the conditions of section 2(15), 11, and 12AADuring the hearing, it was revealed that the trust was registered under the BPT Act, 1950, and had previously applied for registration under section 12AA, which was rejected. The Ld. AR reiterated that the trust operated solely for educational and charitable purposes, with no profit motives. It was emphasized that there were no financial transactions with a specific entity. The Ld. CIT(Exemption) was criticized for not providing the assessee with the report of the Inspector for comments, leading to a lack of transparency in the decision-making process.Issue 3: Denial of natural justice in the adjudication processThe Ld. CIT(Exemption) rejected the registration based solely on the Inspector's report without allowing the assessee to respond or provide additional evidence. The Tribunal found that the principles of natural justice were not followed, as the assessee was not given an opportunity to contest the report or present its perspective. Consequently, the matter was remanded back to the Ld. CIT(Exemption) for a fresh adjudication, emphasizing the need for transparency and fairness in the process. The Tribunal directed that if any document or report was used against the assessee, a copy should be provided, and the assessee should be given a chance to present its case.In conclusion, the appeal was allowed for statistical purposes, highlighting the importance of adhering to procedural fairness and providing all parties with an opportunity to be heard in matters of registration under the Income Tax Act.