M.C.Modi Educational Trust , Hyderabad V. Commissioner of Income Tax, (Exemptions), Hyderabad

ITA 1476/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7104 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2019-2020
• Appeal Filed On: 27-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: MANOJ DAGA
• Section: 12A; 12AA

Judgement Text

ITA NO 1476 OF 2019 MC MODI EDUCATIONAL TRUST SECUNDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO.1476/HYD/2019 ASSESSMENT YEAR: NA MC MODI EDUCATIONAL TRUST SECUNDERABAD PAN:AAATM5488Q VS. CIT (EXEMPTIONS) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI MANOJ DAGA REVENUE BY : SRI Y.V.S.T. SAI, CIT( DR ) DATE OF HEARING: 08/03/2021 DATE OF PRONOUNCEMENT: 07/04/2021 ORDER PER S.S. GODARA, J.M. THIS ASSESSEES APPEAL ARISES FROM THE CIT(E) HYDERABADS ORDER DATED 28.6.2019 PASSED IN APPEAL NO. CIT(E)/HYD/36(12)(12A)/2018-19 SEEKING REGISTRATION U/S 12A OF THE I.T. ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE CIT (EXEMPT ION)S ORDER UNDER CHALLENGE HAS DENIED SECTION 12AA REGIS TRATION TO THE ASSESSEE INTER ALIA ON THE GROUND THAT ITS TRUST DE ED DATED 16.11.2015 IS AS UNSIGNED ONE THEREBY NOT CONTAININ G THE SIGNATURES OF THE SETTLER AND WITNESSES. AND ALSO T HAT NO INDEPENDENT CHARITABLE ACTIVITIES HAVE BEEN PERFORM ED TILL DATE. ITA NO 1476 OF 2019 MC MODI EDUCATIONAL TRUST SECUNDERABAD PAGE 2 OF 2 3. LEARNED COUNSELS ONLY CASE BEFORE US THAT THE ASSESSEES TRUST DEED IS VERY MUCH A VALID ONE AS A GAINST THE CIT (E)S FINDINGS. FACED WITH THIS SITUATION, WE DEEM IT FIT AND PROPER TO RESTORE THIS ISSUE TO SECTION 12AA REGISTRATION BACK TO THE CIT (E) FOR HIS FRESH ADJUDICATION. THE ASSESSEE OR ITS AR SHALL NOW APPEAR BEFORE THE LEARNED CIT ON OR BEFORE 31/08/20 21 WITH ALL THE COGENT SUPPORTIVE MATERIAL AT ITS OWN RISK AND RESPONSIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH APRIL, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER HYDERABAD, DATED 7 TH APRIL, 2021. VINODAN/SPS COPY TO: 1 M/S. M.C MODI EDUCATIONAL TRUST, 5-4-187/3 & 4, S OHAM MANSION, MG ROAD, SECUNDERABAD 2 CIT (E) HYDERABAD 3 ADD.CIT (E)-HYDERABAD 4 THE DR, ITAT HYDERABAD 5 GUARD FILE BY ORDER