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2018 (4) TMI 1917 - ITAT CHANDIGARHExemption u/s 11 - rejecting the application u/s 12 AA of the Income Tax Act 1961 on account of non attendance - assessee filed an application in Form-10A seeking registration u/s 12A - HELD THAT:- As noted that the Trust has been found by the parent company to redeem its CSR obligations and the Settlers of the Trust were noted to be the Directors of the parent company. The CIT (E) sought details, as set out in para 5 and 6 of the impugned order and in the absence of any effective representation, the impugned order has been passed. Accordingly, in the light of the submissions of the parties before the Bench, accepting the oral undertaking of the ld. AR that the assessee shall not abuse the trust reposed, the impugned order is set aside to the CIT (Exemptions), Chandigarh with the direction to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. The assessee is directed to participate fully and fairly before the said authority and not abuse the trust reposed. It is made clear that in the eventuality of abuse of the same, the CIT(Exemptions) would be at liberty to pass an order on the basis of the material available on record. Appeal of the assessee is allowed for statistical purposes.
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