International Bhaktivedanta Institute Trust, Hyderabad V. Director of Income Tax (Exemptions), Hyderabad

ITA 1203/HYD/2013

• Counselvise Citation: 120322514 RSA 2013
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 12-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D SUDHAKAR RAO
• Assessee Lawyers: A V RAGHURAM
• Keywords: Gift; Charitable institution
• Section: 12A; 12AA; 12; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, SECUNDERABAD PANAAATI8315E VS. DIRECTOR OF INCOME TAX (EXEMPTIONS), HYDERABAD. (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI A.V. RAGHURAM FOR RESPONDENT : SHRI D.SUDHAKAR RAO DATE OF HEARING : 28.11.2013 DATE OF PRONOUNCEMENT : 17.01.2014 ORDER PER SAKTIJIT DEY, J.M. THESE APPEALS OF THE ASSESSEE ARE DIRECTED AGAINS T THE COMMON ORDER DATED 31.05.2013 PASSED BY THE DIT (E), HYDERABAD, REFUSING TO GRANT REGISTRATION UNDER SEC TION 12AA AND APPROVAL UNDER SECTION 80G(5)(VI) OF THE ACT. 2. BRIEFLY THE FACTS ARE, THE ASSESSEE STATED TO B E A CHARITABLE TRUST WAS CREATED BY VIRTUE OF A TRUST D EED DATED 03.01.2012. THE AIMS AND OBJECTS OF THE TRUST AS ME NTIONED IN ARTICLE 5 OF THE TRUST DEED ARE AS UNDER : 5. AIMS AND OBJECTIVES OF THE INSTITUTE : A) WHEREAS IT IS RECOGNISED BY INTERNATIONALLY RESPECTED SCHOLARS THAT THE VEDANTA (PARTICULARLY THE GAUDIYA VAISNAVA VEDANTA) IS A COMPREHENSIVE AND INTERNALLY CONSISTENT SYSTEM OF KNOWLEDGE, TO CONDUCT RESEARCH INTO ITS CONTENTS RELATING TO EDUCATION, PERSONAL DEVELOPMENT, SOCIAL ORGANIZATION AND 2 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. ADMINISTRATION, HEALTH, HUMAN AND COSMIC ORIGINS AND OTHER TOPICS AND MAKE THE RESULTANT FINDINGS WITH COMMENT WHERE REQUIRED AVAILABLE, IN NON-SPECIALIST LANGUAGE AS FAR AS POSSIBLE, TO THE SCHOLARLY COMMUNITY AND TO THE PUBLIC; B) TO ESTABLISH A CENTER OR CENTERS FOR THE ABOVE PURPOSE; C) TO POINT OUT THE WEAKNESSES OF REDUCTIONIST: (MECHANISTIC) SCIENCE IN ITS THEORIES ON THE ABOVEMENTIONED SUBJECTS AND TO SUGGEST DIRECTION TO SCIENTIFIC WORK IN ACCORDANCE WITH THE VEDANTIC VERSION; D) TO RESEARCH AND COMMUNICATE THE EVIDENCE THAT BY AND LARGE THE VEDIC LITERATURES ARE HISTORICAL AND THAT IT IS ONLY DUE TO CERTAIN ANOMALIES THAT THEY ARE CONSIDERED MYTHOLOGY IN SOME CIRCLES TODAY; E) TO CONDUCT RESEARCH INTO INDIA'S ANCIENT HISTORY ACCORDING TO HER OWN SOURCES AND TO POINT OUT THE DISCREPANCIES IN THE VERSION PRODUCED BY INTEREST GROUPS DURING AND SINCE BRITISH COLONIAL TIMES ; F) TO CONDUCT RESEARCH IN MODERN VERSUS VEDANTIC EPISTEMOLOGY (CONCEPTS OF KNOWLEDGE), THE AGAMAS (PANCARATRA AND VALKANAS) AND OTHER RELATED SUBJECTS; G) TO AUTHOR AND PUBLISH ARTICLES, ESSAYS AND THE LIKE ON THE TOPICS INDICATED ABOVE; H) TO EXECUTE THE ABOVE PURPOSES THROUGH SYMPOSIA, CONFERENCES AND OTHER FORMAL OR INFORMAL GATHERINGS, THE INTERNET, AND THE ELECTRONIC AND PRINT MEDIA; I) TO ESTABLISH AND MANAGE, MEMORIALS, EXHIBITIONS AND THE LIKE TO THE LEGACY OF HIS DIVINE GRACE A.C. BHAKTIVEDANTA SWAMI PRABHUPADA AND TO DISTRIBUTE HIS TEACHINGS IN THE FORM OF HIS BOOKS AND RECORDED AUDIO AND VISUALS IN VARIOUS MEDIA; 3 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. J) ACCORDING TO AVAILABLE RESOURCES AND MANPOWER AND AS TIME AND CIRCUMSTANCES SUGGEST, TO DEVELOP VARIOUS PROQRAMS FOR ADVANCING THE ABOVE OBJECTIVES; K) TO BUILD UP A CORPUS FUND TO BE UTILIZED FOR 'THE INSTITUTE'S PURPOSES ; L) TO ACCEPT DONATIONS IN CASH AND IN KIND FOR USE IN FURTHERING THE PURPOSES OF THE INSTITUTE. UNSOLICITED DONATIONS IN KIND SHALL BE ACCEPTED PROVIDED THEY ARE USEFUL IN FURTHERING THE PURPOSES OF THE TRUST; M) TO ACQUIRE ASSETS MOVEABLE AND NON-MOVEABLE FOR USE IN MAINTAINING, IMPROVING AND EXPANDING THE ACTIVITIES OF THE INSTITUTE ; N) TO DEVELOP, MANAGE AND MAINTAIN THE INSTITUTES PROPERTIES; O) THE ABOVE (A TO P) CONSTITUTE THE CORE AIMS AND OBJECTIVES OF THE INSTITUTE. IN ADDITION, THE FOLLOWING PROJECTS/PROGRAMMES/ACTIVITIES MAY BE TAKEN UP UNDER THE BANNER OF THE INSTITUTE WHEN AND ONLY WHEN VOLUNTEERS PRESENT THEMSELVES TO PLAN, ORGANIZE, FUND AND IMPLEMENT THEM, OR IN THE SITUATION WHERE, THE CORE OBJECTIVES BEING SERVED, SUFFICIENT FUNDS ARE OFFERED TO COVER SALARIES OF PROFESSIONAL MANAGERS. SUCH ANCILLARY PROGRAMMES SHALL NOT DIVERT FUNDS AND MANPOWER FROM THE CORE ACTIVITIES. IN ANY CASE, UNDERTAKING OF ANY SUCH ANCILLARY ACTIVITIES SHALL BE SUBJECT TO THE APPROVAL OF THE CHAIRMAN OR MANAGING DIRECTOR WHO IS VESTED WITH THE POWER TO APPROVE ALLOCATION OF SOME OF THE TRUST'S LAND AND / OR BUILDING SPACE FOR AN ACTIVITY IF SUCH LAND / BUILDING SPACE IS AVAILABLE. ANCILLARY PROGRAMS / FACILITIES THAT HAVE BEEN ESTABLISHED MAY IN TIME BE INCORPORATED AS SEPARATE ENTITIES AND THE DIRECTOR OF THE INSTITUTE SHALL BE .THE DIRECTOR OF SUCH ENTITIES AND SHALL EXCLUSIVELY HAVE THE AUTHORITY TO NOMINATE OR APPROVE NOMINEES TO THE BOARDS OF ENTITIES SO INCORPORATED. 4 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. P) TO ESTABLISH LIVING CENTERS (ASHRAMS) FOR MEMBERS OF THE INSTITUTE, ITS SUPPORTERS AND THOSE VOLUNTEER MEMBERS OF THE GENERAL PUBLIC ENGAGED IN FULFILLING ANY OF THE PURPOSES OF THE INSTITUTE ; Q) TO BUILD RESEARCH CENTERS, LIBRARIES, SCHOOLS, COLLEGES, HOSPITALS, HOSTELS FOR WOMEN, ORPHANAGES, OLD-AGE HOMES, SHELTERS FOR ANIMALS (ESPECIALLY BOVINES), AND/OR ANY OTHER BUILDINGS AND FACILITIES FOR IMPLEMENTING THE INSTITUTE'S CORE AND ANCILLARY OBJECTIVES IN KEEPING WITH ITS BROAD CONCERNS FOR THE WELFARE OF SOCIETY AT LARGE AND/OR, TO MAINTAIN, ALTER, IMPROVE, FURNISH AND EQUIP THESE AS WELL AS ANY BUILDING OR BUILDINGS OR FACILITIES ALREADY EXISTIN G ON PROPERTIES PURCHASED BY OR GIFTED TO THE INSTITUTE; R) TO CONTRIBUTE TO THE NURTURE AND PROMOTION OF VEDIC CULTURE AS IN ART, MUSIC, DANCE AND DRAMA - BY PROVIDING TEACHING AND PERFORMANCE FACILITIES TO ARTISTS AND PER FORMERS QUALIFIED IN THOSE DISCIPLINES ; S) TO CARRY ON CHARITABLE ACTIVITIES SUCH AS DISTRIBUTION OF FOOD, CLOTHING AND PRIMARY MEDICAL SERVICES TO NEEDY PERSONS IN THE VICINITY OF THE INSTITUTE'S CENTERS; T) TO PROMOTE AND CONDUCT SUSTAINABLE AGRICULTURE, ANIMAL HUSBANDRY, MEDICINAL PLANT CULTIVATION, ALTERNATIVE ENERGY PRODUCTION AND SOCIAL STRUCTURES AND TO CONDUCT RESEARCH INTO AND PROMOTE THESE AS EXAMPLES OF HOW THE GREATER SOCIETY CAN REDUCE ITS DEPENDENCE ON ARTIFICIAL FERTILIZERS, PESTICIDE S, FOOD PROCESSING PROCEDURES AND THE LIKE AND DEPEND MORE ON FACILITIES ALREADY PROVIDED BY NATURE. 3. THE ASSESSEE FILED AN APPLICATION IN FORM NO.10 A BEFORE THE DIT(E) SEEKING REGISTRATION U/S. 12AA OF THE ACT. THE ASSESSEE ALSO APPLIED IN FORM NO.10G FOR APPROVAL U NDER 5 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. SECTION 80G(5)(VI). THE DIT(E) REJECTED BOTH THE AP PLICATIONS VIDE ORDER DATED 29.03.2012 OBSERVING AS UNDER : FROM THE DETAILS FILED BY THE SAID TRUSTEE, IT IS NOTICED THAT THE ABOVE INSTITUTION HAS NOT CARRIED OUT ANY TANGIBLE CHARITABLE ACTIVITY SO FAR. AS PER THE MAIN OBJECT OF THE SAID TRUST, IT INTENDS TO CONDUC T RESEARCH IN DIFFERENT FIELDS. ITS AREA OF OPERATION IS WORLDWIDE I.E., ALSO EXTENDS OUTSIDE INDIA. FURTHER , THE ABOVE TRUST HAS NOT MAINTAINED ANY BOOKS OF ACCOUNTS, AS ADMITTED BY THE SAID TRUSTEE, DURING T HE COURSE OF HEARING ON 28.2.2012. UNDER THE AFOREMENTIONED CIRCUMSTANCES, IN MY VIEW, THE ABOVE TRUST CANNOT BE ALLOWED REGISTRATIO N U/S. 12AA OF THE ACT, ON BASIS OF THE SAID APPLICAT ION IN FORM NO. 10A FILED IN THIS CASE. HENCE REGISTRATION, REQUESTED FOR U/S.12AA OF THE ACT, IS REFUSED TO THE ABOVE TRUST. CONSEQUENTLY, THE OTHER APPLICATION IN FORM NO. 10G, SEEKING APPROVAL U/S.80G(5)(VI) OF THE ACT, FILED BY THE ABOVE TRUST , IS ALSO REJECTED. 4. BEING AGGRIEVED BY THE REJECTION ORDER PASSED B Y THE DIT(E), THE ASSESSEE PREFERRED AN APPEAL BEFORE THE ITAT, HYDERABAD BENCHES. THE ITAT DISPOSED OFF THE APPEAL S REGISTERED AS ITA.NO.895 & 896/HYD/2012 VIDE ORDER DATED 27.09.2012 SET ASIDE THE ORDER PASSED BY THE DIT(E) AND DIRECTED HIM TO ONLY EXAMINE THE GENUINENESS OF THE ACTIVITIES OF THE TRUST AND TO SEE WHETHER ITS ACTIVITIES FALL WITHIN THE PURVIEW OF SECTION 2(15) OF THE ACT. THE TRIBUNAL F URTHER DIRECTED THE DIT(E) TO EXAMINE THE DECISIONS RELIED UPON BY THE 6 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. ASSESSEE. SO FAR AS APPROVAL U/S. 80G(5)(VI) IS CON CERNED, THE ITAT OPINED THAT FOR GRANTING APPROVAL UNDER SEC. 8 0G THE DIT(E) CAN EXAMINE WHETHER OR NOT THE CONDITIONS SE T OUT IN SECTION 80G(5)(I) TO (V) ARE SATISFIED. IN THE PROC ESS THE ITAT ALSO HELD THAT THE REASON FOR DENIAL OF REGISTRATIO N UNDER SECTION 12AA APPROVAL UNDER SECTION 80G(5)(VI) BY D IT(E) IS NOT JUSTIFIED. 5. IN THE SECOND INNINGS BEFORE HIM, THE DIT(E) AS KED THE ASSESSEE TO SUBMIT A NOTE ABOUT THE ACTIVITIES CARRIED ON DURING FINANCIAL YEAR 2011-2012 AND ALSO TO FURNISH RECEIPTS AND PAYMENTS ACCOUNT, INCOME AND EXPENDITURE ACCOUN T AND BALANCE SHEET. IN COMPLIANCE TO THE NOTICE OF THE D IT(E), THE ASSESSEE SUBMITTED A NOTE EXPLAINING ITS ACTIVITIES AS WELL FURNISHED THE STATEMENT OF ACCOUNTS AS WERE CALLED FOR. THE DIT(E) REFERRING TO ARTICLE 2 OF THE TRUST DEED DAT ED 03.01.2012 OPINED THAT IT SHOWS INTENTION OF THE ASSESSEE TO C ARRY OUT ACTIVITIES EVEN OUTSIDE INDIA. THE DIT(E) WAS OF TH E VIEW THAT SINCE SEC.11(1)(A) PROVIDES FOR APPLICATION OF INCO ME FOR CHARITABLE PURPOSES IN INDIA, THE ASSESSEE MAY NOT BE ELIGIBLE FOR REGISTRATION UNDER SECTION 12A AS THERE IS INTE NTION ON THE PART OF THE ASSESSEE FOR APPLYING ITS INCOME FOR SU CH PURPOSES EVEN OUTSIDE INDIA. THE DIT(E) REFERRING TO CERTAIN OBJECT CLAUSES OF THE TRUST DEED INFERRED THAT THE ASSESSE E IS HAVING BOTH CHARITABLE AND RELIGIOUS ACTIVITIES. HE, THERE FORE, CONCLUDED THAT SINCE THE ASSESSEE IS HAVING MIXED O BJECTIVES, IT CANNOT BE GRANTED REGISTRATION UNDER SECTION 12AA O F THE ACT. IN THIS CONTEXT, THE DIT(E) RELIED UPON CERTAIN PRE CEDENTS. SO FAR AS THE DECISIONS RELIED UPON BY THE ASSESSEE AR E CONCERNED, THE DIT(E) FOUND THREE OF THEM TO BE FACTUALLY DIST INGUISHABLE, HENCE NOT APPLICABLE TO THE ASSESSEES CASE. SO FAR AS KASYAPA 7 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. VEDA RESEARCH FOUNDATION VS. CIT 131 ITD 370 (COCHI N) IS CONCERNED, THE DIT(E) OBSERVED THAT NO SUCH DECISIO N COULD BE FOUND IN THAT CITATION. THE DIT(E) ULTIMATELY, PASS ED THE IMPUGNED ORDER REFUSING TO GRANT REGISTRATION UNDER SECTION 12AA AS WELL AS APPROVAL U/S. 80G(5)(VI) OF THE ACT . 6. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIALS ON RECORD. IT IS CLEAR FROM THE IMPUGNED ORDER OF THE DIT(E) THAT HE HAS REFUSED TO GRANT REGISTRATION UN DER SECTION 12AA AND APPROVAL UNDER SECTION 80G(5)(VI) OF THE A CT ON THE GROUNDS THAT THE TRUST INTENDS TO CARRY OUT ACTIVIT IES OUTSIDE INDIA AND THE TRUST HAS MIXED OBJECTIVES OF BOTH CH ARITABLE AND RELIGIOUS NATURE. SO FAR AS CARRYING OUT ACTIVITIES OUTSIDE INDIA IS CONCERNED, IT IS THE CONTENTION OF THE LEARNED A .R. THAT CLAUSE 2 OF THE TRUST DEED NOT ONLY MAKES IT CLEAR THAT THE AREA OF OPERATION IS THROUGHOUT INDIA BUT IT ALSO CLARIF IES THAT EVEN IF THE ACTIVITIES EXPAND TO PLACES OUTSIDE INDIA BUT T HOSE OUTSIDE ACTIVITIES SHALL NOT BE FUNDED THROUGH INDIAN FUNDS . WE, FIND FORCE IN THE AFORESAID CONTENTION OF THE LEARNED A. R. NO MATERIAL HAS BEEN BROUGHT ON RECORD TO SHOW THAT TH E ASSESSEE TRUST HAS CARRIED OUT ACTIVITIES OUTSIDE THE COUNTR Y OR HAS APPLIED ANY FUND TO SUCH ACTIVITIES OUTSIDE THE COU NTRY. IN THIS VIEW OF THE MATTER, THE REASONING OF THE DIT(E) IS TOTALLY MISPLACED. FURTHERMORE, THE ITAT IN ITS ORDER DATED 27.09.2012 DISAPPROVED SUCH REASONING OF THE DIT(E) WHICH IS VERY MUCH EVIDENT FROM THE EXTRACTED PORTION OF THE ORDER AT PAGES 2 AND 3 OF THE IMPUGNED ORDER OF THE DIT(E). 7. SO FAR AS DENIAL OF REGISTRATION ON THE GROUND OF MIXED OBJECTIVES OF CHARITABLE AND RELIGIOUS NATURE IS CONCERNED, WE DO NOT FIND ANY RESTRICTION IN THE ST ATUTORY PROVISION WHICH SAYS THAT A TRUST HAVING BOTH RELIG IOUS AND 8 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. CHARITABLE OBJECTS WOULD NOT BE ELIGIBLE FOR REGIST RATION UNDER SECTION 12AA OF THE ACT. IN FACT, SECTION 11 OF THE ACT PROVIDES FOR EXEMPTION TO BOTH CHARITABLE AND RELIGIOUS TRUS TS. ONLY RESTRICTION BEING PUT BY THE STATUTE IS EXEMPTION U NDER SECTION 11 IS SUBJECT TO FULFILMENT OF CONDITIONS LAID DOWN IN SECTIONS 11, 12 AND 13 OF THE ACT. SO ALSO IS THE VIEW HELD BY DIFFERENT BENCHES OF THE TRIBUNAL AND HIGH COURTS. THE DECIS IONS REFERRED TO BY THE DIT(E) NO WHERE SAY THAT A TRUST HAVING BOTH CHARITABLE AND RELIGIOUS OBJECTS WOULD NOT BE GRANT ED REGISTRATION UNDER SECTION 12AA OF THE ACT. AS RIGH TLY HELD BY THE TRIBUNAL, IN ITS ORDER DATED 27.09.2012 (SUPRA) , AT THE TIME OF REGISTRATION UNDER SECTION 12AA OF THE ACT, THE ONLY REQUIREMENT IS THE DIT(E) HAS TO SATISFY HIMSELF AB OUT THE GENUINENESS OF THE ACTIVITIES OF THE TRUST AND WHET HER IT COMES WITHIN THE PURVIEW OF THE CHARITABLE PURPOSE AS DEFINED UNDER SECTION 2(15) OF THE ACT. AS CAN BE SEEN FROM THE MATERIAL ON RECORD, EVEN THOUGH THE ASSESSEE HAS PL ACED ALL FACTS ON RECORD IN COURSE OF PROCEEDING BEFORE THE DIT(E) WITH REGARD TO ITS ACTIVITIES BY SUBMITTING EXPLANATORY NOTE AND ACCOUNT COPIES, THE DIT(E) HAS NOT MADE ANY COMMENT S EITHER WITH REGARD TO THE GENUINENESS OR THE NATURE OF ACT IVITIES OF THE TRUST. THEREFORE, IT HAS TO BE PRESUMED THAT DIT(E) HAS NO DOUBT EITHER WITH REGARD TO THE GENUINENESS OR NATU RE OF THE ACTIVITIES OF THE TRUST. THAT BEING THE CASE, THE D ENIAL OF REGISTRATION UNDER SECTION 12AA ON THE REASONS MENT IONED BY THE DIT(E) ARE NEITHER WELL FOUNDED NOR JUSTIFIED I N THE GIVEN CIRCUMSTANCES OF THE CASE. THE DECISIONS RELIED UPO N BY THE ASSESSEE CLEARLY SUPPORT THIS VIEW. WE COULD NOT RE STRAIN OURSELVES FROM OBSERVING THAT THE ORDER PASSED BY T HE DIT(E) GIVES AN IMPRESSION THAT HE HAS REJECTED ASSESSEES APPLICATION FOR REGISTRATION ONLY FOR THE SAKE OF REJECTION WIT HOUT HAVING 9 ITA.NO.1203 & 1204/HYD/2013 INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, HYDERABAD. ANY VALID REASONS. FURTHER, THE IMPUGNED ORDER REVE ALS NON- APPLICATION OF MIND BY THE DIT(E) WHILE OBSERVING T HAT THE DECISION IN CASE OF KASYAPA VEDA RESEARCH FOUNDATIO N VS. CIT (SUPRA) WAS NOT FOUND IN 131 ITD 370. SUCH OBSERVAT ION OF THE DIT(E) IS PROVED TO BE INCORRECT AS ON EXAMINATION WE FOUND THE VERY SAME DECISION REPORTED IN 131 ITD 370. IN THE AFORESAID VIEW OF THE MATTER, WE DIRECT THE DIT(E) TO GRANT REGISTRATION UNDER SECTION 12AA TO THE ASSESSEE. WE FURTHER DIRECT THE DIT(E) TO GRANT APPROVAL TO THE ASSESSEE UNDER SECTION 80G(5)(VI) SUBJECT TO FULFILMENT OF CONDITI ONS ENUMERATED IN CLAUSE (I) TO (V) OF SECTION 80G(5). 8. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 17.01.2014. SD/- SD/- (B. RAMAKOTAIAH) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATE 17 TH JANUARY, 2014 VBP/- COPY TO 1. INTERNATIONAL BHAKTIVEDANTA INSTITUTE TRUST, SHA NTI NAGAR, R.K. PURAM, SECUNDERABAD. C/O. SRI K. VASANTKUM AR, A.V. RAGHURAM & P. VINOD, ADVOCATES, FLAT NO.610, 6 TH FLOOR, BABUKHAN ESTATE, BASHEER BAGH, HYDERABAD 500 001. 2. DIT(E), HYDERABAD. 3. DDIT(E)-III, HYDERABAD. 4. D.R. B BENCH, ITAT, HYDERABAD.