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Tribunal Condones Delay, Cites Natural Justice Violation, Remands Case for Fresh Adjudication Due to Notification Failure. The Appellate Tribunal condoned a 32-day delay in the assessee's appeal, admitting it due to reasonable cause. The Tribunal identified a violation of ...
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Tribunal Condones Delay, Cites Natural Justice Violation, Remands Case for Fresh Adjudication Due to Notification Failure.
The Appellate Tribunal condoned a 32-day delay in the assessee's appeal, admitting it due to reasonable cause. The Tribunal identified a violation of natural justice by the CIT(Exemption) for failing to serve notices to the registered email, depriving the assessee of a hearing. Consequently, the Tribunal set aside the CIT(Exemption)'s order, remanding the case for fresh adjudication. The Tribunal underscored the necessity of serving notices to the registered email to ensure a fair opportunity for representation, allowing the appeal for statistical purposes.
Issues: 1. Delay in filing the appeal by the assessee. 2. Violation of principles of natural justice by the CIT(Exemption).
Analysis: 1. The appeal by the assessee was delayed by 32 days, which was beyond the limitation period due to the assessee's lack of awareness about logging into the ITBA portal. The delay was condoned by the Appellate Tribunal, considering the reasons provided by the assessee as reasonable, and the appeal was admitted.
2. The main issue raised in the appeal was the violation of principles of natural justice by the CIT(Exemption) for not allowing the assessee an opportunity to be heard. The assessee claimed that notices were not served at the registered email id, depriving them of participation in the proceedings. The Appellate Tribunal found merit in the grounds raised by the assessee, highlighting that the notices were not served on the registered email id. Therefore, the Tribunal set aside the order of the CIT(Exemption) and remanded the matter for fresh adjudication, directing the CIT(Exemption) to issue notices to the registered email id of the assessee for a fair opportunity of representation.
3. The background of the case involved a religious cum charitable trust seeking registration under the Income Tax Act. Despite receiving multiple notices and opportunities to provide details, the CIT(Exemption) passed an order rejecting the application for non-compliance. The Tribunal observed that the applicant was not interested in getting registered under section 12AB of the Act, leading to the rejection of the application. However, the Tribunal emphasized that the applicant should be given a fair chance to represent their case, ensuring adherence to principles of natural justice.
4. In conclusion, the appeal filed by the assessee was allowed for statistical purposes, with the order of the CIT(Exemption) being set aside and the matter remanded for fresh adjudication. The Tribunal stressed the importance of providing a reasonable opportunity of being heard and serving notices at the registered email id for a fair and just process.
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