Shree Swami Samarth Shaikshanik Sanskrutik Sanstha, Nallasopara V. Commissioner of Income-tax, (Exemption), Pune

ITA 1611/PUN/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2477 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-03-2021
• Assessment Year: misc
• Appeal Filed On: 22-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, J UDICIAL M EMBER . / I TA NO. 1611 /PUN/20 19 SHREE SWAMI SAMARTH SHAIKSHANIK SANSKRUTIK SANSTHA A/302, TANIYA EMPIRE FRENCY HEAVEN, ACHOLE ROAD, NALLASOPARA (EAST) MAHARASHTRA - 401209 PAN : AAMAS9379R ....... / APPELLANT / V/S. THE COMMISSIONER OF INCOME TAX (EXEMPTION) PUNE . / RESPONDENT A SSESSEE BY : NONE REVENUE BY : SHRI DEEPAK GARG / DATE OF HEARING : 2 5 . 0 6 .202 1 / DATE OF PRONOUNCEMENT : 25 . 06 .2021 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(EXEMPTION), PUNE DATED 30.09.2019 PASSED U/S.12AA(1)(B)(II) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) AS PER THE GROUNDS OF APPEAL ON RECORD. 2 ITA NO. 1611 /PUN/20 19 SHREE SWAMI SAMRTH SHAIKSHANIK SANSKRUTIK SANSTHA 2. AT THE TIME OF HEAR ING, NONE APPEARED ON BEHALF OF THE ASSESSEE. THE CASE WAS DISCUSSED WITH THE LD. DR AND WAS, ACCORDINGLY HEARD ON MERITS. 3. WE HAVE PERUSED THE CASE RECORDS. WE FIND THAT AS PER THE GROUNDS OF APPEAL, THE SOLITARY GRIEVANCE OF THE ASSESSEE IS WITH REGAR D TO THE REJECTION OF APPLICATION FOR GRANTING REGISTRATION U/S.12AA OF THE ACT BY THE LD. CIT(EXEMPTION) VIDE ORDER DATED 30.09.2019. 4. ON PERUSAL OF THE ORDER OF THE LD. CIT(EXEMPTION), IT IS EVIDENT THAT CERTAIN INFORMATION S WERE CALLED FOR FROM THE A SSESSEE. IT WAS NOTICED THAT IN THE INCOME EXPENDITURE ACCOUNT, THE ASSESSEE CLAIMED DEPRECIATION FOR THE FINANCIAL YEARS 2015 - 16, 2016 - 17 AND 2017 - 18 AND IT WAS OBSERVED BY THE LD. CIT(EXEMPTION) THAT THE CORRESPONDING ASSETS ON WHICH DEPRECIATION WAS CLA IMED ARE NOT APPEARING IN THE BALANCE SHEET FOR THE RELEVANT YEAR. THAT FURTHER, THE ASSESSEE HAD ALSO SHOWN BUILDING FUND IN THE BALANCE SHEET FOR THE FINANCIAL YEARS 2015 - 16, 20 16 - 17 AND 2017 - 18 RESPECTIVELY. H OWEVER, THE ASSESSEE/APPLICANT HAD NOT FURNI SHED ANY DETAILS REGARDING THE SOURCE OF THE SAID FUND. THAT BECAUSE OF THESE DEFICIENCIES OF NOT FURNISHING OF REQUISITE INFORMATION/DETAILS BY THE ASSESSEE TRUST, THE LD. CIT(EXEMPTION) WAS UNABLE TO ARRIVE AT SATISFACTION REGARDING THE GENUINENESS OF TH E CHARITABLE ACTIVITIES OF THE ASSESSEE TRUST/INSTITUTION. 5. IT IS AN ESTABLISHED PRINCIPLE WITHIN THE REALM OF THE INCOME TAX ACT THAT WHILE GRANTING REGISTRATION U/S.12AA OF THE ACT, THE LD. CIT(EXEMPTION) SHOULD BE SATISFIED REGARDING OBJECTS OF THE ASSESSEE TRUST AND THE GENUINENESS OF THE ACTIVITIES. THESE BASIC LEGAL REQUIREMENTS ARE ENSHRINED U/S.12AA OF THE ACT. IN THIS CASE, AS IS EVIDENT FROM THE ORDER OF THE LD. CIT(EXEMPTION), HE WAS UNABLE TO ARRIVE AT SUCH SATISFACTION REGARDING 3 ITA NO. 1611 /PUN/20 19 SHREE SWAMI SAMRTH SHAIKSHANIK SANSKRUTIK SANSTHA GENUINENESS OF THE ACTIVITIES IN ABSENCE OF THE VARIOUS DETAILS WHICH WERE NOT FILED BY THE ASSESSEE. THEREFORE, WE ARE OF THE CONSIDERED VIEW, IN THE INTEREST OF JUSTICE, ONE MORE OPPORTUNITY SHOULD BE GRANTED TO THE ASSESSEE SO THAT HE MAY FURNISH ALL THE NECESSARY DETAILS/EVIDENCES BEFORE THE LD. CIT(EXEMPTION) FOR REPRESENTING THE CASE ON MERITS AND ACCORDINGLY, THE LD. CIT(EXEMPTION) SHOULD ADJUDICATE THE MATTER AS PER LAW. THE LD. DR DID NOT RAISE ANY OBJECTION. IN VIEW THEREOF, WE SET ASIDE THE ORDER OF THE LD. CIT(EXEMPTION) AND REMAND THE MATTER BACK TO HIS FILE AS INDICATED HEREINABOVE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED ON 25 TH DAY OF JUNE , 20 2 1 . S D/ - S D/ - INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 25 TH JUNE , 202 1 SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT (EXEMPTION), PUNE . 4 . , , , / DR, ITAT, B BENCH, PUNE. 5 . / GUARD FILE. / BY ORDER, // T RUE C OPY // / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1611 /PUN/20 19 SHREE SWAMI SAMRTH SHAIKSHANIK SANSKRUTIK SANSTHA DATE 1 DRAFT DICTATED ON 2 5 .06 .202 1 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 25 .06 .202 1 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER