Social action for Rural Development, V. CIT,

ITA 160/RAN/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 85457 (ITAT-RANCHI)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2014
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 30-04-2014
• Court: TRIBUNAL
• Section: 80G

Judgement Text

1 IT A NO.160/RAN/14 - SOCIAL ACTION FOR RURAL DEVELOPMENT(SARDA) INCOME TAX APPELLATE TRIBUNAL, CIRCUIT BENCH, RANCHI BEFORE HON'BLE SHRI H.L. KARWA, PRESIDENT , AND HON'BLE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER IT A NO.160/RAN/14 SOCIAL ACTION FOR RURAL DEVELOPMENT VS. COMMISSIONER OF INCOME - TAX (SARDA ) HAZARIBAGH FOR THE A SSESSEE/RESPONDENT : SHRI PARAS THAPA, LD.AR FOR THE RESPONDENT : SHRI DEEPAK ROSHAN, SENIOR S.C, LD.DR DATE OF HEARING : 05 - 12 - 2014 DATE OF PRONOUNCEMENT: 05 - 12 - 2014 ORDER SHRI B.R. BASKARAN, ACCOUNTANT MEMBER : THE ASSESSEE HAS FILED TH IS APPEAL CHALLENGING THE ORDER DATED 04 - 03 - 2014 PASSED BY THE LD.CIT , HAZARIBAGH REJECTING THE APPLICATION FILE D BY THE ASSESSEE SEEKING RECOGNITION U/S. 80G OF THE ACT. W E NOTICE THAT HE LD.CIT HAS REJECTED THE APPLICATION FOR THE REASON THAT THE EXPRESSION THE SAME OBJECTIVES DOES NOT FIND PLACE IN CLAUSE 18 ( C ) OF THE BYE LAWS OF THE SOCIETY . THE SAID CLAUSE READS AS UNDER IF AFTER DISSOLUTION, THERE REMAINS ANY PROPERLY, MOVABLE OR IMMOVABLE AFTER SATISFACTION OF ALL DEBTS OR LIABILITIES, THE PROPERTY SO LEFT SHALL NOT BE PAID TO OR DISTRIBUTED AMONG THE MEMBER OF THE SOCIETY. BUT SHALL BE GIVEN TO SOME OTHER SOCIETY OR TO THE GOVT. TO BE DETERMINED BY BE DETER MINED BY T HE VOTES OF NOT LESS THAT 3/5 TH OF THE MEMBERS PRESENT IN PERSON AT THE TIME OF DISSOLUTION. 2 IT A NO.160/RAN/14 - SOCIAL ACTION FOR RURAL DEVELOPMENT(SARDA) 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. IN OUR VIEW, ABSENCE OF EXPRESSION THE SAME OBJECTIVES SHOULD NOT BE DETRIMENTAL TO THE ASSESSE E , SINCE IT IS EXPRESSLY PROVIDED IN CLAUSE 18(C) REFERRED ABOVE THAT MOVABLE OR IMMOVABLE PROPERTIES AFTER SATISFACTION OF THE DEBTS AND LIABILITIES SHALL NOT BE PAID OR DISTRIBUTED AMONG THE MEMBERS OF THE SOCIET Y . IN OUR VIEW , THE PURPOSE OF INSISTING D ISSOLUTION CLAUSE IN THE BYE - LAWS OR TRUST DEED IS ONLY TO ENSURE THE ASSETS OF THE SOCIETY /TRUST SHOULD NOT BE DISTRIBUTED AMONG T HE MEMBERS OR MIS - UTILISED . ACCORDINGLY, WE ARE UNABLE TO AGREE WITH THE REASON GIVEN BY THE LD.CIT FOR REJECTING THE APPL ICATION FILED BY THE ASSESSEE. ACCORDINGLY, WE SET ASIDE THE ORDER OF THE LD.CIT AND RESTORE THE MATTER TO HIS FILE FOR FRESH EXAMINATION OF THE APPLICATION FILED BY THE ASSESSEE IN ACCORDANCE WITH THE LAW. 3 . IN THE RE SULT, THE APPEAL FILED BY THE ASS ESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES PRONOUNCED ACCORDINGLY ON 0 5 - 12 - 2014 SD/ - SD/ - [ H.L. KARWA ] [ B.R. BASKARAN ] PRESIDENT ACCOUNTANT MEMBER DT. 05 - 12 - 2014 PLACE : RANCHI PP, SR. PS 3 IT A NO.160/RAN/14 - SOCIAL ACTION FOR RURAL DEVELOPMENT(SARDA) COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT : 2 THE RESPONDENT: 3..THE CIT, 4.THE CIT(A), 5.DR, ITAT CIRCUIT BENCH, RANCHI 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT. REGISTR AR 4 IT A NO.160/RAN/14 - SOCIAL ACTION FOR RURAL DEVELOPMENT(SARDA) 1. DATE OF DICTATION ............ D/H 5 - 12 - 14 . ORDER PREPARED BY THE MEMBER IN HIS LAPTOP ........ DICTATION TAKEN .............. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ........................OTHER MEMBER ............................... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. ..................... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.................................. 02 - 12 - 2014 ................................................... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S ................ 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK ....................................... 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ......................................... 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER ................................................................................................. 9. DATE OF D ESPATCH OF THE ORDER ..............................................................