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2022 (5) TMI 506 - AT - Income TaxExemption u/s 11 - grant of approval/registration u/s. 80G rejected - Assessee charging exorbitant fee as stated by ld. CIT(E) - HELD THAT:- Matter can be restored back to the file of ld. CIT(E) for de novo consideration of assessee's application for registration/approval u/s. 80G(5) of the Act. We have observed that ld. CIT(E) issued notice dated 02.09.2017 seeking as many as 23 queries. The case was fixed for hearing on 28.09.2017. The assessee sought adjournment, and the case was fixed for 11.10.2017. The assessee had filed part reply before ld. CIT(E) on 11.10.2017, which is placed on record. The case was adjourned to 18.10.2017. On the next date of hearing on 18.10.2017, the assessee/counsel did not appear, and ld. CIT(E) did not give any further opportunity of hearing to the assessee, and rather dismissed the application filed by the assessee for registration/approval u/s. 80G(5) of the 1961 Act on the same date viz. 18.10.2017. Assessee has averred before us that many of the findings of ld. CIT(E) are erroneous/perverse, and if one more opportunity is granted, the assessee shall produce books of accounts, vouchers and other evidences to substantiate its contentions, and the assessee shall also furnish necessary details/evidences if any other queries which ld. CIT(E) may require assessee to explain. The ld. CIT-DR has also fairly stated that the matter can go back to the file of ld. CIT(E) for denovo consideration of assessee's application. Thus, under these circumstances it will be in the interest of justice and fairness to both the parties that the order dated 18.10.2017 passed by ld. CIT(E) be set aside and matter be restored back to the file of ld. CIT(E) for fresh consideration of the assessee's application for registration/approval u/s. 80G(5) - Appeal of the assessee is allowed for statistical purposes.
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