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M/s. JITO Mumbai Walkeshwar Chapter,263/C, Goregaonkar Lane, Charni Road (E),Mumbai 400 004 Vs. DIT(E),6th Floor, Piramal Chambers, Mumbai 400 012.
November, 19th 2014
                IN THE INCOME TAX APPELLATE TRIBUNAL,
                       MUMBAI BENCH "J", MUMBAI

         BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND
                SHRI SANJAY GARG, JUDICIAL MEMBER

                                ITA No.1881/M/2013
                              Assessment Year: 2013-14

        M/s.      JITO       Mumbai     DIT(E),
        Walkeshwar Chapter,             6th Floor, Piramal Chambers,
        263/C, Goregaonkar Lane,    Vs. Mumbai ­ 400 012.
        Charni Road (E),
        Mumbai ­ 400 004
        PAN: AABTJ1761A
             (Appellant)                    (Respondent)


      Assessee by                 : Shri S. Raghunath, A.R.
      Revenue by                  : Shri S.D. Srivastava,

      Date of Hearing             : 17.11.2014
      Date of Pronouncement       : 17.11.2014

                                    ORDER


Per Sanjay Garg, Judicial Member:

      The present appeal has been filed by the assessee against the order dated
07.01.13 of the Director of Income Tax (Exemptions) [(hereinafter referred to
as DIT(E)] relevant to assessment year 2013-14 agitating the rejection of its
application for grant of registration under section 12AA.






2.    At the outset, the Ld. A.R. of the assessee has submitted that the order of
the Ld. DIT(E) is an ex-parte order. He has further submitted that due to
unavoidable circumstances, the assessee could not present itself and submit the
necessary details and submissions before the Ld. DIT(E). The Ld. DIT(E)
therefore held that the assessee had failed to satisfy him about the objects of
the institution and the genuineness of its activities. The Ld. A.R. has therefore
                                                                              ITA No.1881/M/2013
                                          2                    M/s. JITO Mumbai Walkeshwar Chapter




prayed that one more opportunity be granted to the assessee to present its case
before the Ld. DIT(E).

3.       The Ld. D.R., though, has contended that the assessee had failed to
present its case before the DIT(E) when it was called upon to do so, however,
fairly agreed that the interest of justice will be well served if the assessee is
given a further opportunity to present its case before the Ld. DIT(E).






4.       In view of the above, the order of the Ld. DIT(E) is set aside and the
matter is restored to the file of the Ld. DIT(E) for decision afresh.                     The
assessee is directed to appear before the Ld. DIT(E) on 2nd February, 2015 and
thereafter as and when directed by the Ld. DIT(E). No separate notice is
required to be given to the assessee for the above said date.                       Orders
accordingly.

5.       In the result, the appeal of the assessee is allowed for statistical
purposes.




                  Order pronounced in the open court on 17.11.2014.




          Sd/-                                              Sd/-
    (R.C. Sharma)                                      (Sanjay Garg)
ACCOUNTANT MEMBER                                  JUDICIAL MEMBER

Mumbai, Dated: 17.11.2014.
* Kishore, Sr. P.S.



Copy to: The Appellant
        The Respondent
        The CIT, Concerned, Mumbai
        The CIT (A) Concerned, Mumbai
                                                                                 ITA No.1881/M/2013
                                          3                       M/s. JITO Mumbai Walkeshwar Chapter




        The DR Concerned Bench
//True Copy//                         [




                                              By Order



                             Dy/Asstt. Registrar, ITAT, Mumbai.

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