Mahindra Educational Institutions, Hyderabad V. ADIT (Exemptions)-III, Hyderabad

ITA 1470/HYD/2014

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9000 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 19-01-2015
• Assessment Year: misc
• Appeal Filed On: 10-09-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: PARNEET S SACHDEV
• Assessee Lawyers: T S AJAI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.147 0 /HYD/2014 MAHINDRA EDUCATIONAL INSTITUTIONS, HYDERABAD ( PAN - AAICM 5632 K ) V/S. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 14(2), HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T.S.AJA I RESPONDENT BY : SHRI P A RNEET S. SACHDEV CIT - DR DATE OF HEARING 19 . 01 .201 5 DATE OF PRONOUNCEMENT 19.01.2015 O R D E R PER D.MANMOHAN, VICE PRESIDENT REJECTION OF APPROVAL UNDER S.80G OF THE INCOME - TAX ACT, 1961 IS THE SUBJECT MATTER OF APPEAL BEFORE THE TRIBUNAL. THE REASON FOR REJECTION WAS THAT THE APPLICATION IN FORM 10A FILED ON 8.11.2013 SEEKING REGISTRATION UNDER S.12AA OF THE ACT HAS BEEN REJECTED BY THE DIRECTOR OF INCOME - TAX(EXEMPTION) HYDERABAD, VIDE ORDER DATED 30.5.2014, WHEREAS TO ENABLE THE AUTHORITY TO GIVE APPROVAL UNDER S.80G OF THE ACT, COPY OF THE CERTIFICATE GRANTING REGISTRATION U NDER S.12A IS MANDATORY , WHICH IS ABSENT IN THE INSTANT CASE. 2. AT THE TIME OF HEARING, BOTH THE PARTIES ADMITTED THAT IN RESPECT OF DENIAL OF REGISTRATION UNDER S.12A, THE MATTER HAD TRAVE L LED TO THE ITAT, WHEREIN THE MATTER WAS CONSIDERED IN D ETAIL BY THE A BENCH OF I T AT, HYDERABAD ( ITA NO. 1338/HYD.2014 ORDER DATED 28.11.2014 ) AND THE DIRECTOR OF INCOME - TAX(EXEMPTION) WAS DIRECTED TO GRANT REGISTRATION TO THE ASSESSEE COMPA N Y (ASSESSEE - SOCI E TY) UN D ER S.12A A OF THE ACT, 1961, AND HENCE THE M A TT E R D E SERVES TO BE RESTORED FOR BEIN G RECONSIDERED IN ACCORDANCE WITH LAW. ITA NO. 1 470 /HYD/201 4 MAHINDRA EDUCATIONAL INSTITUTIONS, HYDERABAD 2 3. I N THE LIGHT OF THE CHANGED CIRCUMSTANCES, WE SET ASIDE THE MAT T ER T O THE FILE OF THE DIRECTOR OF INCOME - TAX(EXEMPTION) FOR RECON S I D ERING THE I S SUE OF GRANT OF APPROVAL UN D ER S.80G IN ACCORDANC E W ITH LAW. 4. IN THE RESULT, APPEAL O F TH E ASSESSEE I S TR E ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 19 TH J ANUARY, 2015 SD/ - SD/ - (B.RAMAKOTAIAH) ( D.MANMOHAN ) ACCOUNTANT MEMBER VICE PRESIDENT DT/ - 19 TH J ANUARY, 2015 COPY FORWARDED TO: 1 . MAHINDRA EDUCATIONAL INSTITUTIONS, C/O. TECH MAHINDRA LTD., SURVEY NO.63/2S, BAHADURPALLY6, JEEDIMETLA, HYDERABAD 43. 2. ASSTT. DIRECTOR OF INCOME - TAX(EXEMPTION) III, HYDERABAD 3. DY. DIRECTOR OF INCOME - TAX(EXEMPTION) II, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S