LAKSHMINAYAKKANPALAYAM VENUGOPALASWAMY NAYAKKAR TRUST, COIMBATORE V. CIT (EXEMPTIONS), CHENNAI

ITA 1384/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2641 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 06-05-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: S RAMACHANDRAN
• Section: 80G; 12AA

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A. NO. 1384/CHNY/2019 LAKSHMINAYAKKANPALAYAM VENUGOPALASWAMY NAYAKKAR TRUST [L.V. TRUST], SETHURAM NO. 15, SUNDARESA IYER LAYOUT, TRICHY ROAD, COIMBATORE 641 018. [PAN:AABTL5207F] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX (HQ) [EXEMPTIONS], O/O THE CIT (EXEMPTIONS), CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI S. RAMACHANDRAN, C.A. / RESPONDENT BY : SHRI AR. V. SREENIVASAN, JCIT / DATE OF HEARING : 11.07.2019 /DATE OF PRONOUNCEMENT : 26.08.2019 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE ASSISTANT COMMISSIONER OF INCOME TAX (HQ) (EXEMPTIONS), CHENNAI, DATED 12.09.2018 PASSED UNDER RULE 17A OF THE INCOME TAX RULES IN REJECTING THE APPLICATION IN FORM 10A ON THE GROUND THAT FORM 10A WAS FILED MANUALLY AND NOT ELECTRONICALLY AS REQUIRED UNDER RULE 17A OF IT RULES. 2. BY FILING COPIES OF ACKNOWLEDGEMENT OF RECEIPT OF FORM (OTHER THAN ITR), THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT FORM 10A AND I.T.A. NO. 1384/CHNY/19 2 FORM 10G OF THE TRUST WERE ELECTRONICALLY FILED ON 29.11.2017 FOR REGISTRATION OF THE ASSESSEE TRUST UNDER SECTION 12AA OF THE INCOME TAX ACT AND PRAYED THAT THE LD. CIT(E) MAY BE DIRECTED TO GRANT REGISTRATION OF THE TRUST UNDER SECTION 12AA OF THE ACT AND FOR APPROVAL UNDER SECTION 80G OF THE ACT FROM THE DATE OF E-FILING THE APPLICATION FORM. 3. ON THE OTHER HAND, THE LD. DR FAIRLY CONCEDED THAT THE APPEAL MAY BE REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER FOR VERIFICATION AND IF FOUND THAT THE ASSESSEE TRUST APPLIED FOR REGISTRATION ELECTRONICALLY, THE REGISTRATION MAY BE ACCORDED UNDER SECTION 12AA OF THE ACT, IF OTHERWISE, THE ASSESSEE TRUST IS ELIGIBLE. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. AGAINST THE APPLICATION IN FORM 10A FILED ON 04.06.2018, THE ACIT (HQ)(EXEMPTIONS) NOTICED THAT THE ASSESSEE TRUST HAVE FILED FORM 10A MANUALLY. AS PER THE PROVISIONS OF AMENDED RULE 17A OF THE IT RULES, IT IS MANDATORY TO FILE APPLICATION IN FORM 10A ELECTRONICALLY FOR REGISTRATION OF CHARITABLE OR RELIGIOUS TRUSTS, THE ACIT(E) DIRECTED THE ASSESSEE-TRUST TO FILE THE APPLICATION AFRESH ELECTRONICALLY. I.T.A. NO. 1384/CHNY/19 3 4.1 BEFORE THE TRIBUNAL, THE ASSESSEE FILED COPIES OF ACKNOWLEDGEMENT OF RECEIPT OF FORM (OTHER THAN ITR) EVIDENCING THAT THE ASSESSEE TRUST FILED FORM 10A AS WELL AS FORM 10G FOR GRANT OF REGISTRATION UNDER SECTION 12AA OF THE INCOME TAX ACT ON 29.11.2017. ACCORDINGLY, WE DIRECT THE LD. CIT(E) TO VERIFY AND IF FOUND THAT THE ASSESSEE TRUST APPLIED FOR REGISTRATION ELECTRONICALLY, THE REGISTRATION MAY BE ACCORDED UNDER SECTION 12AA OF THE ACT, IF OTHERWISE, THE ASSESSEE TRUST IS ELIGIBLE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THE 26 TH AUGUST, 2019 IN CHENNAI. SD/- SD/- (S. JAYARAMAN) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, 26.08.2019 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.