Kusumba Dhirajlal Parekh & Lila Nautamlal Parekh Foundation, Hyderabad V. Director of Income-Tax (Exemptions), Hyderabad

ITA 1099/HYD/2014

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 8977 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 05-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 30-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G APARNA RAO
• Assessee Lawyers: MANJULATHA NAVANDHAR
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A ', HYDERABAD BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO.1 099 /HYD/2014 : ASSESSMENT YEAR 200 8 - 09 KUSUMBA DHIRAJLAL PAREKH & LILA NAUTAMLAL PAREKH FOUNDATION, HYDERABAD (PAN - AABTK 2963 K ) V/S. DIRECTOR OF INCOME - TAX(EXEMPTION), HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. MANJULATHA NAVANDHAR RESPONDENT BY : SMT. G. APARNA RAO DR DATE OF HEARING 05 . 2 .201 5 DATE OF PRONOUNCEMENT 11.2.2015 O R D E R PER P.M.JAGTAP, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED DIRECTOR OF INCOME - TAX(EXEMPTION), HYDERABAD DATED 27.3.2014, WHEREBY HE GRANTED REGISTRATION TO THE ASSESSEE TRUST UNDER S.12AA OF THE ACT ON THE CONDITION THAT IT SHALL OBTAIN REGISTRATION FROM THE COMPETENT AUTHORITY OF THE GOVERNMENT OF ANDHRA PRADESH UNDER S.43 OF THE A.P. CHARITABLE & HINDU RELIGIOU S INSTITUTIONS & ENDOWMENTS ACT, 1987, AND FURNISH A COPY OF SUCH REGISTRATION IN HIS OFFICE WITHIN A SPECIFIED PERIOD. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS AGREED BY THE LEARNED REPRESENTATIVES OF BOTH THE SIDES, THE ISSUE INVOLVED IN THIS APPEAL IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE INTER ALIA BY I TA NO. 1 099 /H YD/20 14 KUSUMBA DHIRAJLAL PAREKH & LILA NAUTAMLAL PAREKH FOUNDATION, HYDERABAD 2 THE D ECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF THE TIMBAKTU KUTUMBAM FOUNDATION, HYDERABAD V/S. DIRECTOR OF INCOME - TAX(EXEMPTION) HYDERABAD, RENDERED VIDE ORDER DATED 17.10.2014 IN ITA NO.1100/HYD/2014 FOR THE ASSESSMENT YEAR 2012 - 13, WHER EIN IT WAS HELD THAT REGISTRATION UNDER A.P. CHARITABLE & HINDU RELIGIOUS INSTITUTIONS & ENDOWMENTS ACT, 1987 IS NOT REQUIRED FOR A TRUST TO GET REGISTERED UNDER S.12AA OF THE INCOME TAX ACT, 1961, AND THE DIRECTION OF THE DIRECTOR OF INCOME - TAX(EXEMPTION ) TO GET THE ASSESSEE SOCIETY REGISTERED UNDER THE SAID ACT, WHILE GRANTING REGISTRATION UNDER S.12AA OF THE ACT WAS NOT CORRECT. RESPECTFULLY FOLLOWING THE DECISION OF THE COORDINATE BENCH OF THE TRIBUNAL, WE DELETE THE DIRECTION GIVEN BY THE LEARNED DIRE CTOR OF INCOME - TAX(EXEMPTION) IN HIS IMPUGNED ORDER TO GET THE ASSESSEE TRUST REGISTERED UNDER THE S.43 OF THE A.P. CHARITABLE & HINDU RELIGIOUS INSTITUTIONS & ENDOWMENTS ACT, 1987 AND ALLOW THIS APPEAL OF THE ASSESSEE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 11 TH FEBRUARY, 2015 SD/ - SD/ - ( ASHA VIJAYARAGHAVAN ) ( P.M.JAGTAP ) JUDICIAL MEMBER ACCOUNTANT MEMBER D T/ - 11 TH FEBRUARY, 2015 COPY FORWARDED TO: 1. KUSUMBA DHIRAJLAL PAREKH & LILA NAUTAMLAL PAREKH FOUNDATION, C/O. M/S., GANDHI & GANDHI, CHARTERED ACCOUNTANTS, 1002, PAIGAH PLAZA, BASHEER BAGH, HYDERABAD 500 063 I TA NO. 1 099 /H YD/20 14 KUSUMBA DHIRAJLAL PAREKH & LILA NAUTAMLAL PAREKH FOUNDATION, HYDERABAD 3 2 . DIRECTOR OF INCOME - TAX(EXEMPTION), HYDERABAD 3. ASSTT. DIRECTOR OF INCOME - TAX(EXEMPTION) I, HYDERABAD 4 . DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S