Seethabai Ramarao Bapat Charitable Trust, Shimoga V. CIT, Bangalore

ITA 1409/BANG/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5559 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-03-2017
• Assessment Year: misc
• Appeal Filed On: 24-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O T YADAV
• Assessee Lawyers: R E BALASUBRAMANYAM
• Keywords: Charitable institution; Opportunity of being heard
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, B E NGAL U R U BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR , JUDICIAL MEMBER ITA NO. 1409 / BANG/20 1 5 SEETHABAI RAMARAO BAPAT CHARITABLE TRUST, NEAR BASAVANAHOLE, B H ROAD, SAGA R TQ, SHIMOGA DIST. - 577401 PAN: AACTS 8633 B VS. APPELLANT COMMISSIONER OF INCOME - TAX (EXEMPTIONS) BENGALURU. RESPONDENT APPELLANT BY : SHRI R.E.BALASUBRAMANYAM, CA. RESPONDENT BY : SHRI O.T.YADAV, CIT(DR). DATE OF HEARING : 02/03/2017 DATE OF PRONOUNCEMENT : 04 /0 4 /2017 O R D E R PER I NTURI RAMA RAO, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE CIT(EXEMPTION), BENGALURU, DATED 31/08/2015 PASSED U/S 12AA(1)(B) (II) OF THE INCOME - TA X ACT,1961 [ THE ACT FOR SHORT] DENYING GRANT OF REGISTRATION TO THE ASSESSEE - TRUST UNDER THE PROVISIONS OF SECTION 12AA OF THE ACT. 2. THE APPELLANT RAISED THE FOLLOWING GROUNDS OF APPEAL: ITA NO.1409/BANG/2015 PAGE 2 OF 3 3. THE APPELLANT IS A TRUST REGISTERED UNDER THE PROVISIO NS OF THE SOCIETIES REGISTRATION ACT . THE APPELLANT FILED AN APPLICATION IN FORM 1 2 A FOR REGISTRATION U/S 12AA OF THE ACT ON 23/02/2015. T HE CIT(EXEMPTION) HELD THAT THE ASSESSEE WAS NOT INTERESTED IN PROSECUTION OF THE APPLICATION AND ON THIS REASON, THE APPLICATION WAS REJECTED. 4. BEING AGGRIEVED, THE ASSESSEE IS BEFORE US IN THE PRESENT APPEAL. LEARNED AR OF THE ASSESSEE VEHEMENTLY ARGUED THAT THE ITA NO.1409/BANG/2015 PAGE 3 OF 3 CIT(EXEMPTION) HAS GONE BEYOND HIS POWER TO INQUIRE INTO ISSUES WHICH HAVE TO BE CONSIDERED ONLY AT T HE STAGE OF ASSESSMENT PROCEEDINGS OF THE TRUST. LEARNED AR OF THE ASSESSEE PRAYED THAT THE ISSUE MAY BE RESTORED BACK TO THE FILE OF THE CIT(EXEMPTION) FOR DE NOVO EXAMINATION. 5. THE LEARNED DR HAS NO SERIOUS OBJECTION FOR SENDING BACK THE MATTE R FOR DE NOVO EXAMINATION BY THE CIT(EXEMPTION). IN THE CIRCUMSTANCES, WE REMIT THE ISSUE BACK TO THE FILE OF THE CIT(EXEMPTION) FOR DE NOVO CONSIDERATION OF THE APPLICATION AFTER AFFORDING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESUL T, THE APPEAL OF THE ASSESSEE IS TREATE D AS ALLOWED FOR STATISTICAL PUR POSES. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH APRIL, 201 7 S D/ - SD/ - ( LALIET KUMAR ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : B EN GAL URU D A T E D : 04 /0 6 /2017 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) - 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE