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2021 (5) TMI 521

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..... ent This is an appeal by the Assessee against the order dated 29/08/2019 of Ld. CIT(E), Chandigarh. Following grounds have been raised in this appeal: "1. That on the facts and in the circumstances of the case in the absence of any service of the notice the order has been passed without affording any opportunity to explain the objects and activities of appellant which needs to be restored to CI .....

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..... .04.2019 vide which opportunity of personal hearing was accorded to the applicant, with the request to provide clarifications to the queries raised on 10.07.2019. 3. On this date neither did anybody attended nor was any request for adjournment received. In order to follow the principle of natural justice another opportunity was accorded to the applicant on 26.07.2019 and matter was fixed for 09. .....

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..... to discharge its onus, this being a beneficial clause for the assessee, to prove that its income is free from eligibility of taxes. In light of the above, the application for grant of Registration u/s.12AA is accordingly rejected." 4. Now the assessee is in appeal. 5. The ld. Counsel for the assessee submitted that no notice for hearing was served upon the assessee who was not aware of the date .....

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..... ies and perused the material available on the record. In the present case, it is noticed that the ld. CIT(E) passed the impugned order ex parte. He simply stated that opportunity was afforded to the assessee on 14/08/2019 and the matter was fixed for hearing on 22/08/2019. However, it is not brought on record as to whether the notice for hearing was served upon the assessee or the aforesaid date w .....

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