Swami Shree Akhandanand Sagar Education and Medical Charitable Trust, Surat V. The CIT-II, Surat

ITA 2324/AHD/2013

• Counselvise Citation: 232420514 RSA 2013
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 16-12-2013
• Assessment Year: 2013-2014
• Appeal Filed On: 20-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P VAISHNAV
• Assessee Lawyers: SAPNESH SHETH
• Keywords: Charitable institution; Opportunity of being heard
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEM BER SWAMI SHREE AKHANDANAND SAGAR EDUCATION AND MEDICAL CHARITABLE TRUST MADHVANAND ASHRAM, KARADA MOHOLLA, VED, PAN: AAKTS7546M SURAT-395004 (APPELLANT) VS COMMISSIONER OF INCOME TAX-II, SURAT (RESPONDENT) REVENUE BY: SRI O.P. VAISHNAV, CIT-D.R . ASSESSEE BY: SRI SAPNESH SHETH, A.R. DATE OF HEARING : 16-12-2013 DATE OF PRONOUNCEMENT : 20-12-20 13 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF LD . CIT-II SURAT DATED 29-08-2013 REJECTING THE APPLICATION FOR GRANT OF R EGISTRATION U/S. 12AA OF THE ACT BY OBSERVING AS UNDER:- ITA NO. 2324/AHD/2013 ASSESSMENT YEAR 2013-14 I.T.A NO. 2324/AHD/2013 A.Y. 2013-14 PAGE NO SWAMI SHREE AKHANDANAND SAGAR EDUCATION AND MEDICAL CHARITABLE TRUST VS. CIT 2 IN THIS REGARD, AN OPPORTUNITY OF BEING HEARD WAS GIVEN TO YOU VIDE THIS OFFICE LETTER DATED 26.07.2013 AND SERVED UPON YOU ON 27.07.2013 CALLING FOR CERTAIN DETAILS WITH RESPECT TO ACTIVITIES CARRIED OUT BY THE TRUST TOWARDS OBJECTIVE AND DETAILS OF T HE EXPENSES. IN RESPONSE TO THE SAME YOU HAVE FILED A LETTER DATED 07.08.2013 WHICH WAS RECEIVED IN THIS OFFICE ON 12.08.2013 WHEREIN I T HAS BEEN SUBMITTED THAT 'TRUST HAD NOT INCURRED ANY EXPENSES TOWARDS THE OBJECTS OF THE TRUSTS TILL DATE EXCEPT GIVING ADVAN CE TO ACQUIRE LAND TO CONSTRUCTS THE ASHARAM'. SINCE THE TRUST HAS NOT CARRIED OUT ANY ACTIVITY TOWARDS THE OBJECTIVE, THERE IS NO MATERIAL TO VERIFY GENUINENE SS OF ITS OBJECT AND ACTIVITIES AND, THEREFORE, THE TRUST DOES NOT SATIS FY THE CONDITIONS LAID DOWN U/S 12AA OF THE INCOME TAX ACT. HENCE YOUR APP LICATION FOR RECOGNITION CANNOT BE APPROVED. THE APPLICATION FOR APPROVAL FOR RECOGNITION OF TRUST U/S. 12A(A) IS THUS REJECTED. 2. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD, WE ARE OF THE OPINION THAT ASSESSEE BE GIVEN ONE MORE OPPORTUNITY TO SUBSTANTIATE HIS CLAIM THAT ADVANCE TO ACQUIRE LAND TO CONSTRUCT THE ASHRM WAS TOWARDS THE OBJECTS OF THE TRUST. FOR THIS, MATTER IS RESTORED BACK TO THE FILE OF LD. CIT FOR FRESH ADJUDICATION AFTER GIVING PROPER OPPORTUNITY OF BEI NG HEARD. 3. IN VIEW OF THE ABOVE, ASSESSEES APPEAL IS ALLOW ED FOR STATISTICAL PURPOSE ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (T.R. MEENA) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 20/12/2013 AK I.T.A NO. 2324/AHD/2013 A.Y. 2013-14 PAGE NO SWAMI SHREE AKHANDANAND SAGAR EDUCATION AND MEDICAL CHARITABLE TRUST VS. CIT 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,