Parbati Educational Society, Asansol V. CIT, ASANSOL, Burdwan

ITA 1630/KOL/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99846 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2015
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 09-11-2012
• Court: TRIBUNAL
• Department Lawyers: S SRIVASTAV A CIT LD
• Assessee Lawyers: RAVI TULSIYAN FCA LD
• Keywords: Opportunity of being heard
• Section: 12AA

Judgement Text

ITA NO. 1630/KOL/2012-C-AM PARBATI EDUCATIONAL SOCIETY 1 IN THE INCME TAX APPELLATE TRIBUNAL, C BENCH, KO LKATA BEFORE : SHRI MAHAVIR SINGH,JUDICIAL MEMBER, AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER I.T.A NO. 1630/KOL/2012 A.Y : 2013-14 PARBATI EDUCATIONAL SOCIETY VS. C.I.T, ASANSOL PAN: AABAP 1080B (APPELLANT) (RESPON DENT) FOR THE APPELLANT/: SHRI RAVI TULSIYAN, FCA, LD.AR FOR THE RESPONDENT/: SHRI S.SRIVASTAV A, CIT, LD.DR DATE OF HEARING: 07-10-2015 DATE OF PRONOUNCEMENT: 9-10-201 5 ORDER SHRI M.BALAGANESH, AM THIS APPEAL OF THE ASSESSEE ARISE OUT OF THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX, ASANSOL IN PROCEEDINGS IN MEMO NO. C IT/ASL/12A/2012-13/2483-85 DATED 21.09.2012 AGAINST NON-GRANTING OF REGISTRATI ON U/S 12AA OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) . 2. SHRI.RAVI TULSIAN , FCA, THE LEARNED AR ARGUED ON BEHALF OF THE ASSESSEE AND SHRI.SACHIDHANANDH SRIVASTAVA, THE LEARNED CIT DR A RGUED ON BEHALF OF THE REVENUE. 3. THE ONLY ISSUE TO BE ADJUDICATED IN THIS APPEAL IS WHETHER THE LEARNED CIT ASANSOL IS JUSTIFIED IN DENYING THE REGISTRATION U/ S 12AA OF THE ACT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THE FOLLOWING GROUNDS A RE RAISED BY THE ASSESSEE:- 1. THAT, THE ORDER PASSED BY LD. COMMISSIONER OF IN COME TAX, ASANSOL, U/S 12AA OF I.T ACT, 1961 WITHOUT HAVING A NY REGARD TO SET ASIDE ORDER OF BENCH-A, I.T.A.T, KOLKATA, DT. 24.01.2012 AND DIRECTION THEREON IS ARBITRARY, ERRONEOUS, INVA LID AND BAD IN LAW. ITA NO. 1630/KOL/2012-C-AM PARBATI EDUCATIONAL SOCIETY 2 2. THAT, LD.CIT ERRED IN HOLDING THAT THE ACCOUNT O F SOCIETY IS NOT GENUINE AND THE APPROPRIATION OF FUNDS TOWARDS THE OBJECTS AND GENUINENESS OF ITS ACTIVITIES ARE DOUBTFUL. 3. THAT, ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE, LD. CIT ERRED IN REJECTING THE APPLICATION FILED BY THE APP ELLANT SOCIETY U/S 12AA OF THE ACT. AND, 4. THAT, THE APPELLANT SOCIETY CRAVES LEAVE TO ALT ER, AMEND OR SUBSTITUTE ANY GROUND OR GROUNDS BEFORE OR AT THE T IME OF HEARING OF THE APPEAL CASE. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIALS ON RECORD. WE FIND THAT THE LEARNED CIT WHILE REJECTING THE APPLI CATION U/S 12AA OF THE ACT NOTED THAT THE FACT ARGUED BY LEARNED COUNSEL BEFORE HIM REGARDING INCOME AND EXPENDITURE ACCOUNT THAT THE SOCIETY HAS PAID AN AMOUNT OF RS. 4,00,000/- OUT OF FUNDS OF RS. 6,12,216/- IN FINANCIAL YEAR 2009-10 IS NOT CORRECT . THE LEARNED CIT ALSO STATES THAT THE PAYMENTS OF RS. 4,00,000/- IN FINANCIAL YEAR 20 09-10 AND ANOTHER PAYMENT OF RS. 4,50,000/- IN FINANCIAL YEAR 2010-11 WERE MADE TO R.S.CONSTRUCTION FOR CONSTRUCTION OF BUILDING FOR SETTING UP A TEACHERS TRAINING INST ITUTE UNDER THIS ASSESSEE TRUST. ON EARLIER OCCASION, THIS TRIBUNAL HAD SET ASIDE THE A PPEAL TO THE FILE OF THE LEARNED CIT TO CONSIDER THE VARIOUS LETTERS FILED BY THE ASSESSEE TO SUPPORT ITS CONTENTIONS ABOUT THE GENUINENESS OF THE AFORESAID TRANSACTIONS . BUT W E FIND THAT THE LEARNED CIT HAD NOT CONSIDERED THE SUBMISSIONS OF THE ASSSESSEES LETTE RS AND EVIDENCES FILED IN THIS REGARD . HENCE IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE DEEM IT FIT AND APPROPRIATE, TO SET ASIDE THIS APPEAL TO THE FILE OF THE LEARNED CIT AG AIN FOR DENOVO ADJUDICATION OF THE ENTIRE ISSUE AND DECIDE THE GRANT OF REGISTRATION A FRESH IN ACCORDANCE WITH LAW. NEEDLESS TO MENTION THAT THE ASSESSEE BE GIVEN REAS ONABLE OPPORTUNITY OF BEING HEARD. THE ASSESSEE IS GIVEN LIBERTY TO SUBMIT ALL RELEVAN T DOCUMENTS AND EVIDENCES IN SUPPORT OF ITS CONTENTIONS BEFORE THE LEARNED CIT. ITA NO. 1630/KOL/2012-C-AM PARBATI EDUCATIONAL SOCIETY 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 9 / 1 0/2015 COPY OF THE ORDER FORWARDED TO: 1.. THE APPELLANT: PARBATI EDUCATIONAL SOCIETY S. B GORAI ROAD, ASANSOL 713301. 2 THE RESPONDENT-COMMISSIONER OF INCOME TAX ASANSO L, PARMER BUILDING G.T ROAD(W), ASANSOL 713304 DIST_BURDWAN 3 4.. /THE CIT, / THE CIT(A) 5. DR, KOLKATA BENCH 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT REGISTRAR ** PRADIP SPS SD/- ( MAHAVIR SINGH, JUDICIAL MEMBER ) SD/- (M. BALAGANESH, ACCOUNTANT MEMBER) DATE 9/10/2015