VISHVAS, Chandigarh V. CIT I, Chandigarh

ITA 1062/CHANDI/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 6143 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 16-12-2015
• Assessment Year: misc
• Appeal Filed On: 20-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JYOTI KUMARI
• Section: 12A; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE SHRI T.R. SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO.1062/CHD/2013 UNDER SECTION : 80G(5)(VI) SHRI VISHVAS VS. THE CIT-I, 1006, SECTOR 19-B CHANDIGARH CHANDIGARH PAN NO. AABAV0145K (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JASPAL SHARMA RESPONDENT BY : SMT. JYOTI KUMARI DATE OF HEARING : 22.05.2014 DATE OF PRONOUNCEMENT : 09.06.2014 ORDER PER T.R.SOOD, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 29.06.2012 OF CIT-I CHANDIGARH. 2. IN THIS APPEAL THE ASSESSEE HAS RAISED THE FOLLO WING EFFECTIVE GROUNDS:- 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LD. CIT-I CHANDIGARH HAS ERRED IN HAVING REJECTED T HE ASSESSEES APPLICATION FOR APPROVAL U/S 80G(5)(VI) OF THE INCOME TAX ACT. 3. THE LD. CIT-I, CHANDIGARH HAS ERRED IN HAVING HE LD THAT THE APPLICATION SEEKING FOR APPROVAL U/S 80G(5 )(VI) OF THE I.T. ACT, 1961, STANDS REJECTED, AS HAVING B EEN WITHDRAWN, WHEREAS THE ASSESSEE CATEGORICALLY DENY HAVING WITHDRAWN THE SAME. 2 3. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT EXEMPTION U/S 80G(5)(VI) WAS DENIED TO THE ASSESSEE BECAUSE REGISTRATION U/S 12AA HAD ORIGINALLY BEEN REJECTED BY THE COMMISSIONER OF INCOME TAX. HE FUR THER SUBMITTED THAT ASSESSEE HAD FILED AN APPEAL AGAINST THE CANCELLATI ON OF REGISTRATION BEFORE THE TRIBUNAL AND THE SAME WAS ALLOWED IN ITA NO. 856/CH D.2012. IN PURSUANCE OF THIS ORDER, THE REVENUE HAS ALREADY GRANTED REGISTR ATION VIDE ORDER DATED 11.7.2013, THEREFORE, NOW THE EXEMPTION SHOULD BE G RANTED. 4. ON THE OTHER HAND, THE LD. DR SUPPORTED THE ORDE R OF COMMISSIONER OF I.TAX. 5. AFTER CONSIDERING THE RIVAL SUBMISSIONS, WE FIND THAT TRIBUNAL IN ASSESSEES CASE IN ITA NO. 856/CHD/2012 ACCEPTED TH E CONTENTIONS OF THE ASSESSEE AND DIRECTED THE REVENUE TO ALLOW THE REGI STRATION U/S 12A OF THE ACT. CONSEQUENTLY, THE REGISTRATION HAS BEEN ALLOWED VID E ORDER DATED 11.7.2013, THEREFORE, NOW THE REASON IN DENYING THE EXEMPTION IS NO MORE THERE. HOWEVER, IN THE INTEREST OF JUSTICE WE SET ASIDE THE ORDER O F COMMISSIONER AND REMIT THE SAME BACK TO HIS FILE FOR EXAMINATION OF THE ISSUES WHETHER ASSESSEE FULFILLS THE CONDITIONS PRESCRIBED U/S 80G(5) AND IF SO, THEN EX EMPTION MAY BE GRANTED. 6. IN THE RESULT, APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09.06.2014 SD/- SD/- (SUSHMA CHOWLA) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMER DATED : 9 TH MAY, 2014 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR BY ORDER ASSTT REGISTRAR ITAT, CHANDIGARH 3