N.K. Education & Charitable Trust, RAJKOT-GUJARAT V. The Commissioner of Income Tax, Rajkot-1, RAJKOT-GUJARAT

ITA 21/RJT/2014

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 8580 (ITAT-RAJKOT)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 03-12-2014
• Assessment Year: misc
• Appeal Filed On: 03-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M L MEENA
• Keywords: Charitable institution

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBULAL, RAJKOT BENCH: RAJKOT , !' # $ , # % BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER &./ I.T.A. NO.21/RJT/2014 ( / ASSESSMENT YEAR : - ) N.K. EDUCATION & CHARITABLE TRUST KALPESH S.DOSHI & CO. CAS 411, COSMO COMPLEX MAHILA COLLEGE CIRCLE RAJKOT 360 001 / VS. THE COMMISSIONER OF INCOME TAX RAJKOT-1, RAJKOT #) !' & ./ * & ./ PAN/GIR NO. : - ( )+ / APPELLANT ) .. ( ,-)+ / RESPONDENT ) )+ . ! / APPELLANT BY : SHRI KALPESH DOSHI, C.A. ,-)+ / . ! / RESPONDENT BY : SHRI M.L. MEENA, CIT-DR 0 / ' / DATE OF HEARING 03/12/2014 12 / ' / DATE OF PRONOUNCEMENT 05/12/2014 !3 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD.COMMISSIONER OF INCOME TAX, RAJKOT-I, RAJKOT (CIT IN SHORT) DATED 05/12/2013. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL:- 1. THAT, THE LEARNED CIT HAS WRONGLY REJECTED THE APPLICATION OF APPROVAL OF EXEMPTION U/S.80G(5) OF THE I.T. ACT, 1961. 2. THAT, THE LEARNED CIT HAS WRONGLY CONSIDERED THAT THE ACTIVITIES OF THE TRUST ARE NOT IN ACCORDANCE WITH THE OBJECT. ITA NO.21/RJT/2014 N.K. EDUCATION & CHARITABLE TRUST, BHUJ VS. THE CIT-I - 2 - 3. THAT, THE FINDINGS OF THE LEARNED CIT ARE NOT JUSTIFIED IN LAW AS WELL AS FACTS OF THE CASE AND REQUIRED TO BE DELETED. THE APPELLANT CRAVES TO ADD, ALTER, AMEND OR DELETE ANY OF THE ABOVE GROUNDS OF APPEAL. 2. BRIEFLY STATED FACTS ARE THAT THE ASSESSEE MADE AN APPLICATION IN FORM NO.10G FOR APPROVAL U/S.80G(5) OF THE INCOME T AX ACT,1961 (HEREINAFTER REFERRED TO AS THE ACT). THE SAID APPLICATION OF THE ASSESSEE WAS REJECTED BY THE LD.CIT ON THE GROUND THAT GIVING DONATION TO GRAM PANCHAYAT IS NOT COVERED BY A PARTICULAR OB JECT AS PROVIDED IN THE TRUST-DEED. 3. DURING THE COURSE OF HEARING, THE LD.COUNSEL F OR THE ASSESSEE HAS PLACED A CERTIFICATE ISSUED FROM SARPANCH, SHREE MA DHAPAR NAVAVAS GRAM PANCHAYAT, TAL.BHUJ-KUTCH DATED 06/12/2014. HE SUBMITTED THAT THIS CERTIFICATE WAS NOT SUBMITTED BEFORE THE LD.CI T. 4. ON THE CONTRARY, LD.CIT-DR SUPPORTED THE ORDER O F THE LD.CIT. 5. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERI AL AVAILABLE ON RECORD. AFTER HEARING BOTH THE PARTIES AND MORE PARTICULARLY OF THE FACT THAT SINCE THE ASSESSEE HAS PLACED A NEW EVIDENCE O N RECORD WHICH REQUIRES TO BE VERIFIED AT THE END OF LD.CIT, THERE FORE, THE ORDER OF THE LD.CIT IS HEREBY SET ASIDE AND THE ASSESSEES APPLI CATION IS RESTORED BACK TO HIS FILE FOR DECISION AFRESH. THE LD.CIT IS DIR ECTED TO VERIFY THE APPLICATION OF THE ASSESSEE FOR REGISTRATION, AFTER MAKING THE NECESSARY ENQUIRY AND VERIFICATION OF THE CERTIFICATE ISSUED BY THE SARPANCH, MADHAPAR NAVAVAS GRAM PANCHAYAT, TAL: BUJ-KUTCH DAT ED 06/02/2014 SUBMITTED BY THE ASSESSEE AND DECIDE THE ISSUE IN A CCORDANCE WITH LAW. ITA NO.21/RJT/2014 N.K. EDUCATION & CHARITABLE TRUST, BHUJ VS. THE CIT-I - 3 - THUS, ALL THE GROUNDS RAISED IN ASSESSEES APPEAL ARE ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 05 TH DAY OF DECEMBER, 2014 AT RAJKOT. SD/- SD/- ( ) ( $ ) !' # # ( ANIL CHATURVEDI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT; DATED 05/ 12 /2014 .. , .../ T.C. NAIR, SR. PS / COPY OF THE ORDER FORWARDED TO : 1. )+ / THE APPELLANT 2. ,-)+ / THE RESPONDENT. 3. &6& 7 / CONCERNED CIT 4. 7 ( ) / THE CIT(A)-I, RAJKOT 5. 9$ : , , , /DR,ITAT, RAJKOT 6. : EF G 0 / GUARD FILE. / BY ORDER, - 9 , //TRUE COPY// !/ '# $% ( DY./ASSTT.REGISTRAR) # %&# ' , / ITAT, RAJKOT 1. DATE OF DICTATION .. 03.12.2014(DICTATION-PAD 4 -PAGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 4.12.14 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BAC K TO THE SR.P.S./P.S.5.12.14 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 5.12.14 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER