M/s. Pandua Regulated Market Committee, Hooghly V. CIT, Kol - XX, Kolkata, Kolkata

ITA 1039/KOL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9268 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2011
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 20-05-2010
• Court: TRIBUNAL
• Department Lawyers: P KOLHE
• Section: 80G; 12AA

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA () BEFORE , , , , , /AND , . ! . '# ) [BEFORE HONBLE SRI MAHAVIR SINGH, JM & HONBLE SRI C. D. RAO, AM] $ $ $ $ / I.T.A NOS. 1039&1040/KOL/2010 %& '( %& '( %& '( %& '(/ // / ASSESSMENT YEAR : PANDUA REGULATED MARKET VS COMMISSIONER OF INCO ME-TAX XX, COMMITTEE (PA NO.AAALP 0193 P) KOLKATA. ( *+ /APPELLANT ) (,-*+/ RESPONDENT ) & $ $ $ $ / I.T.A NOS. 1035 & 1036/KOL/2010 %& '( %& '( %& '( %& '(/ // / ASSESSMENT YEAR : CHAMPADANGA REGULATED MARKET VS COMMISSIONER OF I NCOME-TAX - XX, COMMITTEE (PA NO.AAAIC 0136 D) KOLKATA. ( *+ /APPELLANT ) (,-*+/ RESPONDENT ) & $ $ $ $ / I.T.A NOS. 1037&1038/KOL/2010 %& '( %& '( %& '( %& '(/ // / ASSESSMENT YEAR : SHEORAPHULI REGULATED MARKET VS COMMISSIONER OF INCOME-TAX XX, COMMITTEE (PA NO.AAETS 6147 E) KOLKATA. ( *+ /APPELLANT ) (,-*+/ RESPONDENT ) FOR THE APPELLANT: SRI RAVI TULSIYAN FOR THE RESPONDENT: SRI P. KOLHE '. / ORDER PER BENCH: THESE SIX APPEALS FILED THREE DIFFERENT ASSESSEES A RE ARISING OUT OF THE ORDERS OF CIT-XX, KOLKATA IN NO. CIT/KOL-XX/12A&80G/11/2009-1 0/52 & 109 VIDE ORDERS DATED 25.03.2010, NO. CIT/KOL-XX/12A&80G/11/2009-10 /55 & 112VIDE ORDERS DATED 25.03.2010 AND NO. CIT/KOL-XX/12A&80G/11/2009-10/64 & 121VIDE ORDERS DATED 30.03.2010. 2 2. AT THE OUTSET, IT IS NOTICED THAT THESE APPEALS PERTAIN TO REJECTION OF REGISTRATION U/S. 12AA OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) AND REJECTION OF APPLICATION FILED BY ASSESSEE U/S. 80G (5)(VI) OF THE ACT. FOR THIS, ASSESSEE HAS RAISED COMMON GROUNDS IN ALL THE YEARS AND WE A RE TAKING GROUNDS AS RAISED IN APPEAL OF PAUDUA REGULATED MARKET COMMITTEE. THE R ELEVANT GROUNDS FOR APPEAL U/S. 12AA OF THE ACT READ AS UNDER: 1. THE ORDER PASSED BY THE LEARNED CIT U/S. 12AA OF THE INCOME-TAX ACT, 1961, IS ARBITRARY, ERRONEOUS, INVALID AND BAD IN LAW. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE LEARNED CIT ERRED IN NOT CONDONING THE SO-CALLED DELAY OF 34 YEARS IN F ILING THE APPLICATION FOR INITIAL REGISTRATION U/S. 12AA OF THE ACT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE LEARNED CIT ERRED IN REJECTING THE APPLICATION FILED BY THE APPELLANT C OMMITTEE FOR REGISTRATION U/S. 12AA OF THE ACT ON THE ALLEGED GROUNDS OF DELAY IN FILING THE INITIAL APPLICATION FOR REGISTRATION AND BY COMMENTING THAT THERE IS N O REGISTERED DEED BY WHICH DISSOLUTION OF THE RMC, INVESTMENT PATTERN, ACTIVI TY ETC. CAN BE VERIFIED, WITHOUT AFFORDING THE APPELLANT COMMITTEE PROPER O PPORTUNITY TO CORRECT THE DEFECTIVE POSITION, IF ANY. 4. THE APPELLANT CRAVES LEAVE TO AMEND, ALTER, MO DIFY, ADD TO, ABRIDGE AND/OR RESCIND ANY OR ALL OF THE ABOVE GROUNDS. THE RELEVANT GROUNDS FOR APPEAL U/S. 80G(5)(VI) OF THE ACT READ AS UNDER: 1. THE ORDER PASSED BY THE LEARNED CIT U/S. 80G(5)( VI) OF THE INCOME-TAX ACT, 1961, IS ARBITRARY, ERRONEOUS, INVALID AND BAD IN LAW. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE LEARNED CIT ERRED IN REJECTING THE APPLICATION FILED BY THE APPELLANT C OMMITTEE U/S. 80G(5)(VI) OF THE ACT SIMPLY ON THE GROUND THAT NO REGISTRATION U/S. 12AA OF THE ACT HAD BEEN GRANTED. 3. THE APPELLANT CRAVES LEAVE TO AMEND, ALTER, MOD IFY, ADD TO, ABRIDGE AND/OR RESCIND ANY OR ALL OF THE ABOVE GROUNDS. 3. WE HAVE GONE THROUGH THE ORDER PASSED BY CIT, KO LKATA-XX AND THE RELEVANT ORDER PASSED U/S. 12AA OF THE ACT READS AS UNDER: 1. THE ABOVE NAMED COMMITTEE FILED AN APPLICATION FOR REGISTRATION U/S. 12AA OF THE INCOME-TAX ACT, 1961 ON 30.05.200. TH E COMMITTEE WAS CREATED ON 29.10.1973. SHRI BISWANATH CHAKRABORTY AND SRI SUDIPTA KR. DHARA, APPEARED AND THE CASE WAS HEARD. 2. THERE WAS A DELAY OF 34 YEARS FOR FILING THE AP PLICATION FOR INITIAL REGISTRATION U/S. 12AA OF THE INCOME TAX ACT. THE RE IS NO REGISTERED DEED BY WHICH DISSOLUTION OF THE RMC, INVESTMENT PATTERN, ACTIVITY ETC. CAN BE VERIFIED. 3 3. CONSIDERING THE ABOVE, THE APPLICATION FILED FO R REGISTRATION U/S. 12AA OF THE INCOME TAX ACT, 1961 IS HEREBY REJECTED. WE HAVE ALSO GONE THROUGH THE ORDER PASSED BY CIT, KOLKATA-XX AND THE RELEVANT ORDER PASSED U/S. 80G(5)(VI) OF THE ACT RE ADS AS UNDER: 1. THE ABOVE NAMED COMMITTEE FILED AN APPLICATION F OR REGISTRATION U/S. 12AA OF THE INCOME-TAX ACT, 1961 ON 30.5.200. THE COMM ITTEE WAS CREATED ON 29.10.1973. SHRI BISWANATH CHAKRABORTY AND SRI SUD IPTA KR. DHARA, APPEARED AND THE CASE WAS HEARD. 2. SINCE NO REGISTRATION U/S. 12AA WAS GRANTED TO THE TRUST, THE INITIAL EXEMPTION U/S. 80G OF THE INCOME TAX ACT, 1961 IS ALSO DENIED. 4. ON QUERY FROM BENCH, LD. SR DR FAIRLY CONCEDED THAT THE CIT, KOLKATA-XX HAS NOT PASSED SPEAKING ORDERS AND HENCE, THE ISSUES C AN BE REMITTED BACK TO THE FILE OF THE CIT, KOLKATA-XX FOR ALL THESE APPEALS. THE LD. COU NSEL FOR THE ASSESSEE ALSO AGREED FOR SETTING ASIDE AND FOR PASSING SPEAKING ORDERS ON ME RITS. 5. WE, IN VIEW OF ABOVE FACTS AND CIRCUMSTANCES, SE T ASIDE THESE APPEALS TO THE FILE OF CIT, KOLKATA-XX FOR PROVIDING OPPORTUNITY OF BEI NG HEARD TO THESE ASSESSEES AND PASS SPEAKING ORDERS IN REGARD TO CONDONATION OF DE LAY AS WELL AS GENUINENESS OF TRUST FOR REGISTRATION AS PER PROVISIONS OF THE ACT . 6. IN THE RESULT, ALL THESE APPEALS OF THESE ASSESS EES ARE SET ASIDE TO THE FILE OF THE CIT, KOLKATA-XX AND ALLOWED FOR STATISTICAL PURPOSE S. 7. ORDERS PRONOUNCED IN OPEN COURT ON 10 TH DAY OF MARCH, 2011. SD/- SD/- . ! . , '# , (C. D. RAO) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( !# !# !# !#) )) ) DATED 10 TH DAY OF MARCH, 2011 /0 %12 3 JD.(SR.P.S.) 4 '. 4 ,5 6'5'7- COPY OF THE ORDER FORWARDED TO: 1 . (I) *+ / APPELLANT PANDUA REGULATED MARKET COMMITTEE, VILL. DAIPUKUR, P.O. PANDUA, HOOGHLY-712 149. (II) CHAMPADANGA REGULATED MARKET COMMITTEE, VILL. & P.O CHAMPADANGA, P.S. TARAKESHWAR, HOOGHLY 712401. (III) SHEORAPHULI REGULATED MARKET COMMITTEE, SHASM ALPARA, BAIDYABATI, HOOGHLY-712 222. 2 ,-*+ / RESPONDENT, CIT, KOL-XX, KOLKATA 3 . .% / THE ACIT, CIRCLE-2, HOOGHLY. 4. .% ( )/ ADDL.CIT, RANGE-2, HOOGHLY. 5 . >? ,% / DR, KOLKATA BENCHES, KOLKATA -5 ,/ TRUE COPY, '.%@/ BY ORDER, 2 /ASSTT. REGISTRAR .