Shree Bhola Education Trust, Rajkot V. The Pr. CIT- (OSD) , Exemption, Ahmedabad

ITA 1242/AHD/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5896 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 08-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGADISH
• Assessee Lawyers: MOHAN MANVAR
• Section: 12A; 12AA; 2

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD LOZJH LOZJH LOZJH LOZJH EGKOHJ IZLKN] U;KF;D LNL; EGKOHJ IZLKN] U;KF;D LNL; EGKOHJ IZLKN] U;KF;D LNL; EGKOHJ IZLKN] U;KF;D LNL; ,OA ,OA ,OA ,OA VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG] YS[KK LNL; ] YS[KK LNL; ] YS[KK LNL; ] YS[KK LNL; DS LE{KA DS LE{KA DS LE{KA DS LE{KA (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ) ./ I.T.A. NO.1242/AHD/2015 SHREE BHOLA EDUCATION TRUST RAJKOT. / VS. PRINCIPAL CIT(OSD) EXEMPTION, AHMEDABAD. ./ ./ PAN/GIR NO. : AABTB 4713 C ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI MOHAN MANVAR, A.R. / RESPONDENT BY : SHRI JAGADISH, CIT. D.R. / DATE OF HEARING 03/05/2017 !'# / DATE OF PRONOUNCEMENT 22/05/2017 $% / O R D E R PER SHRI MAHAVIR PRASAD, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX(OSD)(EXEMPTION S)-AHMEDABAD, DATED 09/03/2015. 2. ASSESSEE HAS TAKEN THE FOLLOWING GROUNDS OF APPE AL: THE LEARNED PR. CIT(OSD)(EXEMPTIONS), AHMEDABAD REJ ECTED APPLICATION FILED ON 16/09/2014 FOR REGISTRATION OF THE TRUST U/S. 12A OF THE ACT, VIDE ORDER U/S. 12AA OF THE ACT DTD . 09/03/2015 WITHOUT CONSIDERING THE REPLY DELIVERED ON 12/03/20 15 BY REGISTERED AD IN CONTRAVENTION OF SIX MONTHS TIME, PRESCRIBED ITA NO. 1242/AH D/2015 SHREE BHOLA EDUCATION TRUST VS. PR.CIT(OSD)(EXEMPTI ONS) - 2 - U/S. 12AA (2) OF THE ACT, FROM THE END OF THE MONTH IN WHICH APPLICATION IS FILED. 3. THE RELEVANT FACTS AS CULLED OUT FROM THE MATERI ALS ON RECORD ARE AS UNDER:- THE APPELLANT HAS APPLIED FOR REGISTRATION OF THE T RUST U/S. 12AA OF THE INCOME TAX ACT. THE APPLICATION WAS RECEIVED ON 16/09/2014 BY THE LEARNED PRINCIPAL COMMISSIONER OF INCOME TAX (O SD)(EXEMPTION). THEREFORE THE PR.CIT(OSD)(EXEMPTION) HAS ISSUED LET TER DATED 10/12/2014 TO THE APPLICANT TO FURNISH DETAILS NOTE ON THE ACTIVITIES CARRIED OUT BY THE TRUST AS WELL AS THE FOLLOWING DOCUMENTS /DETAILS: I. COPY OF PAN CARD OF THE TRUST. II. COPY OF BANK ACCOUNT SINCE INCEPTION OF TRUST OR LA ST THREE YEARS. III. CERTIFIED COPY OF TRUST DEED/MOA, IF IT IS NOT IN E NGLISH THEN CERTIFIED ENGLISH TRANSLATION ALSO. IV. COPY OF AUDITED ACCOUNTS OF LAST THREE YEARS OR FRO M THE INCEPTION OF TRUST. V. PLEASE GIVE DETAILS OF PREMISES OF TRUST WHETHER PR EMISES OWNED BY THE TRUST OR RENTED. VI. PLEASE SUBMIT LIST OF MAIN OBJECTS OF THE TRUST. VII. PLEASE GIVE DETAILS AS TO HOW THE TRUST GENERATES F UNDS FOR ACHIEVING THE OBJECT OF TRUST. VIII. PLEASE SUBMIT EVIDENCES THAT THE CORPUS AMOUNT HAS BEEN TRANSFERRED TO THE TRUST/INSTITUTION. IX. PLEASE SPECIFY THAT THE TRUST IS IN RECEIPT OF AMOU NTS MENTIONED IN FIRST PROVISO TO SECTION 2(15) OF THE IT ACT. X. PLEASE SUBMIT DOCUMENTARY EVIDENCES OF ACTUAL CHARI TABLE ACTIVITIES CARRIED OUT BY THE TRUST FROM THE DATE O F INCEPTION OF TRUST TILL DATE. ITA NO. 1242/AH D/2015 SHREE BHOLA EDUCATION TRUST VS. PR.CIT(OSD)(EXEMPTI ONS) - 3 - XI. PLEASE SPECIFY THE CLAUSE IN TRUST DEED REGARDING R EVOCABILITY OR IRREVOCABILITY. XII. COPY OF CERTIFICATE OF UNDERTAKING? XIII. COPY OF CERTIFICATE U/S. 13(1) (C) OF THE IT ACT? XIV. DECLARATION U/S. 11(5) OF THE IT ACT? XV. PLEASE SPECIFY THE CLAUSE IN THE TRUST DEED WHICH S AYS THAT BENEFICIARIES WOULD BE WITHOUT DISCRIMINATION ON TH E BASIS OF CASTE, CREED, RELIGION OR SEX. XVI. FURTHER, IT IS SEEN THAT AS PER TRUST DEED THE DISS OLUTION CLAUSE IS NOT PROPER. IN WAS ALSO MENTIONED IN THE ABOVE LETTER THAT THE ABOVE MENTIONED INQUIRY ABOUT THE ACTUAL ACTIVITIES OF TH E TRUST IS NECESSARY IN VIEW OF THE MANDATORY PROVISIONS OF TH E PROCEDURE FOR REGISTRATION U/S.12AA ACCORDING TO WHICH THE PR.CIT(OSD)(EXEMPTION) SHALL- CALL FOR SUCH DOCUMENTS OR INFORMATION FROM THE TRU ST OR INSTITUTION AS HE THINKS NECESSARY IN ORDER TO SATISFY HIMSELF ABO UT THE GENUINENESS OF ACTIVITIES OF THE TRUST OR INSTITUTION AND MAY ALSO MAKE SUCH INQUIRIES AS HE MAY DEEM NECESSARY IN THIS BEHALF; AND AFTER SATISFYING HIMSELF ABOUT THE OBJECTS OF THE T RUST OR INSTITUTION AND THE GENUINENESS OF ITS ACTIVITIES, HE SHALL PASS AN ORDER IN WRITING REGISTERING THE TRUS T OR INSTITUTION; SHALL, IF HE IS NOT SO SATISFIED, PASS AN ORDER IN WRITING REFUSING TO REGISTER THE TRUST OR INSTITUTION, AND A COPY OF SU CH ORDER SHALL BE SENT TO THE APPLICANT: PROVIDED THAT NO ORDER UNDER SUB-CLAUSE (III) SHALL BE PASSED UNLESS THE APPLICANT HAS BEEN GIVEN A REASONABLE OPPORTUNITY O F BEING HEARD. THE PR. CIT HAD REJECTED THE APPLICATION ON THE GRO UND THAT ON THE GIVEN DATE, NEITHER APPLICANT NOR ANYBODY SO UGHT ANY ITA NO. 1242/AH D/2015 SHREE BHOLA EDUCATION TRUST VS. PR.CIT(OSD)(EXEMPTI ONS) - 4 - ADJOURNMENT. MOREOVER, NO DETAILS/DOCUMENTS WERE FU RNISHED BY THE ASSESSEE. 4. WE HAVE HEARD THE RIVAL SUBMISSION AND GONE THRO UGH THE IMPUGNED ORDER. DURING THE COURSE OF THE APPELLATE PROCEEDINGS THE LEARNED COUNSEL FURNISHED THE PAPER BOOK CONTAINING SUBMISSION, COPY OF LETTER FOR REGISTRATION U/S. 12A, COPY OF RECEIPT I SSUED BY THE POSTAL AUTHORITY ETC. THE LEARNED COUNSEL CONTENDED THAT H E HAD SUBMITTED ALL THE REQUIRED DETAIL ALONGWITH NECESSARY DOCUMENTS T O THE PR. CIT(OSD) (EXEMPTIONS), AHMEDABAD BY REGISTERED POST ON 08.03 .2015, WHICH WAS DELIVERED ON 12 TH MARCH 2015, WHEREAS THE PR. CIT HAS PASSED THE ORD ER U/S. 12AA OF THE ACT ON 9 TH MARCH 2015, I.E. 21 DAYS BEFORE THE MANDATORY STIPULATED TIME LIMIT. WE HAVE PERUSED THE PAPER BOOK FURNISHED BY THE LE ARNED COUNSEL CONTAINING RECEIPT OF POST AUTHORITY DEMONSTRATING THE FACTS REPORTED BY THE ASSESSEE. AFTER CONSIDERING THESE FACTS, WE RESTORE THIS MAT TER TO THE FILE OF THE PR.CIT (OSD)(EXEMPTION) TO DECIDE IT ON MERIT A FTER CONSIDERING THE SUBMISSION MADE BY THE ASSESSEE AND AFTER PROVIDING DUE OPPORTUNITY TO THE ASSESSEE. ITA NO. 1242/AH D/2015 SHREE BHOLA EDUCATION TRUST VS. PR.CIT(OSD)(EXEMPTI ONS) - 5 - 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSE. THIS ORDER PRONOUNCED IN OPEN COURT ON 22/05/2017 SD/- SD/- VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG &' $ ( $ ) ()* $ ) ( AMARJIT SINGH ) ( MAHAVIR PR ASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 22/05/2017 PRITI YADAV, SR.PS ! ' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. , -. / / CONCERNED CIT 4. / () / THE CIT(A)-AHMEDABAD. 5. 012 **-. , -.# , '&$,$ / DR, ITAT, AHMEDABAD 6. 245 6 / GUARD FILE. # $ / BY ORDER, 0 * //TRUE COPY// %/$ &' ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD TRUE COPY 1. DATE OF DICTATION 03/04/2017(DICTATION-PAD 1 PAG ES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 04/05/2017. 3. OTHER MEMBER 18/05/2017 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 11/05/2017 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 18/05/2017 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 22/05/2017 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER