SRBS Memorial Charitable Trust, V. Commissioner of Income Tax (Exemption), Lucknow

ITA 214/LKW/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4419 (ITAT-LUCKNOW)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 27-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Charitable institution
• Section: 80G

Judgement Text

I.T.A. NO.214/LKW/16 ASSESSMENT YEAR:2016-17 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI P. K. BANSAL, ACCOUNTANT MEMBER AND SHRI ABY T. VARKEY, JUDICIAL MEMBER ITA NO.214/LKW/2016 ASSESSMENT YEAR:2016-17 SRBS MEMORIAL CHARITABLE TRUST, R-6/151A, RAJ NAGAR, GHAZIABAD. PAN:AAPTS5444P VS. CIT (EXEMPTIONS), LUCKNOW. (APPELLANT) (RESPONDENT) O R D E R PER P. K. BANSAL, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT (EXEMPTIONS), LUCKNOW DATED 01/03/2016. 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL RELATES T O THE DATE FROM WHICH THE APPROVAL ALLOWED U/S 80G(5)(VI) WILL BE APPLICA BLE. 3. AFTER HEARING THE RIVAL SUBMISSIONS AND GOING TH ROUGH THE ORDER OF CIT (EXEMPTIONS), WE NOTED THAT THE CIT (EXEMPTIONS ) VIDE HIS ORDER DATED 01/03/2016 APPROVED THE ASSESSEE TRUST U/S 80 G WITH EFFECT FROM 01/03/2016 I.E. THE DATE ON WHICH HE PASSED THE ORD ER. WE NOTED THAT RULE 11AA(4) WHICH IS CLEARLY APPLICABLE IN THIS CA SE READS AS UNDER: (4) WHERE THE COMMISSIONER IS SATISFIED THAT ALL T HE CONDITIONS LAID DOWN IN CLAUSES (I) TO (V) OF SUB-SECTION (5) OF SECTION 80G APPELLANT BY SHRI SUJIT KUMAR SINGH, C.A. RESPONDENT BY SHRI RAJIV JAIN, CIT, D.R. DATE OF HEARING 30/05/2016 DATE OF PRONOUNCEMENT 08 / 06 /2016 I.T.A. NO.214/LKW/16 ASSESSMENT YEAR:2016-17 2 ARE FULFILLED BY THE INSTITUTION OR FUND, HE SHALL RECORD SUCH SATISFACTION IN WRITING AND GRANT APPROVAL TO THE I NSTITUTION OR FUND SPECIFYING THE ASSESSMENT YEAR OR YEARS FOR WH ICH THE APPROVAL IS VALID. 4. FROM THE SAID RULE, IT IS APPARENT THAT ONCE THE COMMISSIONER IS SATISFIED THAT ALL THE CONDITIONS LAID DOWN IN CLAU SES (I) TO (V) OF SUB-SECTION (5) OF SECTION 80G ARE FULFILLED BY THE INSTITUTION , HE SHALL RECORD SUCH SATISFACTION IN WRITING AND GRANT APPROVAL TO THE I NSTITUTION SPECIFYING THE ASSESSMENT YEAR OR YEARS FOR WHICH THE APPROVAL IS VALID. THIS IS A CASE WHERE THE ASSESSEE IS GRANTED APPROVAL FROM 01/03/2 016 WHILE AS PER THE CLEAR MANDATE OF RULE 11AA(4), THE APPROVAL HAS TO BE GIVEN TO THE ASSESSEE FROM THE COMMENCEMENT OF THE ASSESSMENT. THE ASSESSMENT IN THE IMPUGNED ASSESSMENT YEAR COMMENCES FROM 01/04/2 015. WE ACCORDINGLY MODIFY THE ORDER OF CIT AND GRANT THE A PPROVAL TO THE ASSESSEE INSTITUTION WITH EFFECT FROM 01/04/2015 AN D ACCORDINGLY AMEND THE ORDER OF CIT DATED 01/03/2016 BY SUBSTITUTING U NDER PARA 2 OF THE ORDER DATE 01/04/2015 IN PLACE OF DATE 01/03/2016. THUS, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 08/06/2016) SD/. SD/. ( ABY T. VARKEY ) ( P. K . BANSAL ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:08/06 /2016 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. RE GISTRAR