Om Gupta Educational Trust, New Delhi V. CIT(E), New Delhi

ITA 2824/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7832 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: misc
• Appeal Filed On: 02-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAMITA M BISWAS
• Assessee Lawyers: SAUBHAGYA AGARWAL
• Keywords: Charitable institution; Opportunity of being heard; Set aside
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH E : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.2824/DEL./2019 M/S. OM GUPTA EDUCATIONAL TRUST, VS. CIT (E), 04 & 05, SOUTHERN PARK, 3 RD FLOOR, DELHI. SAKET DISTRICT CENTER, NEW DELHI 110 017. (PAN : AAATO6442J) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SAUBHAGYA AGARWAL, ADVOCATE REVENUE BY : MS. PRAMITA M. BISWAS, CIT DR DATE OF HEARING : 08.07.2019 DATE OF ORDER : 22.07.2019 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. OM GUPTA EDUCATIONAL TRUST (HEREIN AFTER REFERRED TO AS THE ASSESSEE) BY FILING THE PRESENT APPEAL SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 27.02.2019 PASSED BY THE COMMI SSIONER OF INCOME-TAX (EXEMPTIONS), NEW DELHI ON THE GROUNDS I NTER ALIA THAT :- 1. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTAN CES OF THE CASE, LD. CIT(E) HAS ERRED IN LAW AND ON FACTS IN D ENYING REGISTRATION U/S 12AA OF THE INCOME TAX ACT, 1961 W ITHOUT LOOKING AT ALL NECESSARY CONDITIONS. 2. THAT ON FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(E) WAS NOT JUSTIFIED IN REJECTING APPLICATION F OR REGISTRATION U/ S 12AA OF THE INCOME TAX ACT, 1961 BY DISPUTING THE FACT THAT ITA NO.2824/DEL./2019 2 OBJECTS OF THE ASSESSEE TRUST ARE OF CHARITABLE NAT URE IN TERMS OF PROVISIONS OF SECTION 2(15) OF THE INCOME TAX ACT, 1961. 3. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANCE S OF THE CASE, THE CIT (E) HAS ERRED IN NOT APPRECIATING THA T THE ASSESSEE TRUST IS CREATED FOR PURPOSE OF PROVIDING EDUCATION AND VARIOUS OTHER ALLIED OBJECTS AS ENSHRINED IN THE TRUST DEED WHICH ARE PURELY OF CHARITABLE NATURE AND IN ACCORDANCE WITH PROVISIONS OF SECTION 2(15) OF THE INCOME TAX ACT, 1961. 4. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANCE S OF THE CASE, LD. CIT(E) HAS ERRED IN LAW AND ON FACTS IN N OT APPRECIATING THAT THE BENEFIT OF EDUCATION AND TRAI NING WAS OF CHARITABLE NATURE IN ACCORDANCE WITH OBJECTS OF THE TRUST AND THE CIT(E) WAS NOT JUSTIFIED IN DISPUTING THE SAME. 2. BRIEFLY STATED THE FACTS NECESSARY FOR ADJUDICAT ION OF THE CONTROVERSY AT HAND ARE : THE APPLICATION MOVED BY THE ASSESSEE TRUST IN FORM NO.10A SEEKING APPROVAL FOR REGISTRATION UNDER SECTION 12AA OF THE INCOME-TAX ACT, 1961 (FOR SHORT THE ACT) HAS BEEN REJECTED BY THE LD. CIT (E) ON THE GROUNDS INTER ALIA THAT PERUSAL OF OBJECTS OF THE TRUST MENTIONED IN THE TRUST DEED SHOWS THAT THE SAME APP EARED TO BE COMMERCIAL IN NATURE; THAT STATEMENT OF THE APPLICA NT THAT THE OBJECTS POINTED OUT BY THE LD. CIT (E) ARE INCIDENTAL TO TH E MAIN OBJECTS OF THE TRUST IS FACTUALLY INCORRECT; THAT ACTIVITIES OF TH E TRUST ARE NOT GENUINE. 3. FEELING AGGRIEVED, THE ASSESSEE TRUST HAS COME U P BEFORE THE TRIBUNAL BY CHALLENGING THE IMPUGNED ORDER PASSED B Y LD. CIT (E) BY WAY OF FILING THE PRESENT APPEAL . 4. WE HAVE HEARD THE LD. AUTHORIZED REPRESENTATIVES OF THE PARTIES TO THE APPEAL, GONE THROUGH THE DOCUMENTS R ELIED UPON AND ITA NO.2824/DEL./2019 3 ORDERS PASSED BY THE REVENUE AUTHORITIES BELOW IN T HE LIGHT OF THE FACTS AND CIRCUMSTANCES OF THE CASE. 5. TRUST DEED DATED 07.11.2017, AVAILABLE AT PAGES 12 TO 31 OF THE PAPER BOOK, ENUMERATES FOLLOWING AIMS AND OBJECTS O F THE TRUST :- AIMS AND THE OBJECTS OF THE TRUST THE TRUST IS BEING ESTABLISHED FOR THE ADVANCEMENT OF EDUCATION. THE TRUSTEES SHALL EACH YEAR APPLY THE INCOME OF THE TRUST OR PART THEREOF AND MAY AT THEIR DISCRETION A T ANY TIME AND FROM TIME TO TIME APPLY THE TRUST FUNDS TOWARDS THE ADVANCEMENT OF ONE OR MORE OF THE FOLLOWING OBJECTIVES IN SUCH MANNER AS THE TRUSTEES IN THEIR ABSOLUTE DISCRETION THINK PROPER. PROVIDED FURTHER THAT NOTWITHSTANDING ANYTHING HEREINBEFORE OR HEREINAFTER CONTAINED, THE INCOME A S ALSO THE CORPUS OF THE TRUST FUNDS SHALL BE APPLIED AND BE A PPLICABLE ONLY TO OR FOR SUCH PUBLIC CHARITABLE PURPOSE AND OBJECT S AND SUBJECT TO SUCH CONDITIONS AND/OR LIMITATIONS, IF ANY, AS M AY, FROM TIME TO TIME BE LAID DOWN IN THE INCOME TAX ACT, 1961, OR A NY OTHER ACT GOVERNING THE TAXATION OF INCOME. THE AIMS AND OBJ ECTS OF THE TRUST SHALL BE AS UNDER : A. ESTABLISHING, ACQUIRING, OPERATING, MANAGING, MAINTAINING, SUPPORTING SCHOOLS, COLLEGES, TRAINING CENTRES, TUTORIAL CENTRES, PRE-SCHOOLS, INCLUDING KINDERGARTENS, NURSERIES, CHILD CARE CENTRES, BEFOR E AND AFTER SCHOOL SERVICE CENTRES, ENRICHMENTS CLASSES, REMEDIAL CLASSES, CRCHES, STUDY CENTRES, RESEARCH INSTITUTE S, UNIVERSITIES, LECTURE CLASS OR EXAMINATION ROOM OR ROOMS, OFFICE OR OFFICES AND OTHER INSTITUTIONS AND/OR GRA NTING MONETARY ASSISTANCE AND ESTABLISHING ENDOWMENTS AT ANY OF THE AFORESAID ESTABLISHMENTS OR FUND THE IMPARTI NG AND PROMOTION OF EDUCATION, KNOWLEDGE AND TRAINING OF STUDENTS, B. ESTABLISHING, ACQUIRING, OPERATING, MANAGING, CONTR OLLING, MAINTAINING, SUPPORTING SCHOOLS, COLLEGES, TRAINING INSTITUTES, PROFESSIONAL INSTITUTES PROVIDING FORMA L DEGREES ETC.; C. ESTABLISHING AND MAINTAINING HOSTELS AND/OR BOARDIN G HOUSES AND/OR RESIDENCE QUARTERS AND GRANTING FREE BOARDING AND/OR LODGING TO STUDENTS, SCHOLARS, TEAC HERS, STAFF MEMBERS, ETC., OF ANY SCHOOL OWNED OR OPERATE D BY THE TRUST UPON SUCH TERMS AND FOR SUCH PERIOD AS TH E TRUSTEES MAY DEEM FIT; ITA NO.2824/DEL./2019 4 D. AWARDING SCHOLARSHIPS, FELLOWSHIPS, GRANT AND MONET ARY ASSISTANCE BY WAY OF LOANS OR OTHERWISE TO DESERVIN G STUDENTS ON SUCH TERMS AND CONDITIONS AS THE TRUSTE ES MAY DEEM FIT FOR THE PURPOSES OF IMPARTING EDUCATIO N, TRAINING AND QUALIFICATION INCLUDING ACADEMIC, LEAR NING, PROFESSIONAL, VOCATIONAL, TECHNICAL AND ENCOURAGING RESEARCH, ETC. IN ANY BRANCH OF KNOWLEDGE FOR SUCH PERIOD AS THE TRUSTEES MAY DEEM FIT; E. SUPPLYING BOOKS, FOOD, CLOTHES AND FEES TO STUDENTS OR SCHOLARS OR GRANT MONETARY ASSISTANCE, ETC. TO THEM FOR SUCH PURPOSE AS AFORESAID; F. ESTABLISHING, MAINTAINING, SUPPORTING AND PROVIDING MONETARY ASSISTANCE TO LIBRARIES, MUSEUMS, READING ROOMS, LABORATORIES, RESEARCH CENTERS AND OTHER FAC ILITIES, FOR ADVANCEMENT OF EDUCATION AND KNOWLEDGE; G. DEVELOPING AND CONDUCTING WORKSHOPS, TRAINING PROGR AMS FOR TEACHERS, NON-ACADEMIC STAFF, ACADEMICIANS AND PUBLIC ON EDUCATIONAL TECHNOLOGY, PROCESSES AND METHODOLOGIES AND CONDUCTING TEACHER TRAINING ACTIV ITIES IN ALL FORMS AND THROUGH ALL MEDIUMS; H. DEVELOPING AND CARRYING OUT RESEARCH IN SYSTEMS PRO CESSES AND METHODOLOGIES TO IMPROVE THE FUNCTIONING OF SCH OOLS AND HIGHER EDUCATION INSTITUTIONS, ETC. AND DEVELOP ING AND DEPLOYING TECHNOLOGIES, EQUIPMENT, SOFTWARE TO ACHI EVE THIS AIM AND OBJECTIVE; I. EXPLORING AND IMPLEMENTING NEW VOCATIONAL AREAS INCLUDING IN THE FIELD OF SCIENCE AND TECHNOLOGY AN D/OR ANY OTHER AREAS; J. DEVELOPING AND ESTABLISHING PRE-SCHOOL(S) AND OUT O F SCHOOL ACTIVITY CENTRES CATERING TO THE NEEDS OF CH ILDREN IN SPORTS, FIND ARTS, CULTURAL AND VOCATIONAL ACTIVITI ES, EDUCATIONAL TRIPS AND OTHER MENTALLY STIMULATING AN D PERSONALITY ENRICHING AND ENHANCING ACTIVITIES; K. ASSOCIATING, COLLABORATING AND RAISING FUNDS, CONDU CING, MANAGING AND CONTROLLING EVENTS AND ACTIVITIES WITH OTHER SOCIETIES, TRUSTS OR NON-PROFIT ORGANIZATIONS HAVIN G ONE OR MORE AIM AND OBJECT SIMILAR TO THAT OF THIS TRUST; L. RENDERING EDUCATIONAL AND RESEARCH SERVICES TO ANY SUCH COMPANY, ASSOCIATION, INSTITUTIONS OR ORGANIZATIONS IN ITA NO.2824/DEL./2019 5 ACADEMIC FIELD AS ALSO IMPARTING TRAINING AND KNOWL EDGE SKILLS; M. UNDERTAKING RESEARCH AND EXPERIMENTATION IN THE FIE LD OR DEVELOPING AND PRODUCING EDUCATIONAL MATERIAL, CURRICULUM, MODULES, PROGRAMS, SOFTWARE, IN ANY FOR M AND MEDIUM, WITH A VIEW TO MAKE THE PROCESS OF LEAR NING AND TEACHING MORE MEANINGFUL, EDUCATIVE, INTERESTIN G AND ELEVATING AND TO PROMOTE KNOWLEDGE AND UNDERSTANDIN G IN THE EDUCATION FIELD; N. SUPPORTING THE INITIATIVE OF ANY INDIVIDUAL, GROUP OR ORGANIZATION IN PROMOTING EDUCATION BOTH FORMAL AND INFORMAL FOR ADULTS AND CHILDREN OR OTHERWISE ASSOC IATING, SUBSCRIBING, COLLABORATING, COOPERATING AND/OR COORDINATING WITH ANY COMPANY, ASSOCIATION, ORGANIZATION, SOCIETY, TRUST OR INSTITUTION FOR FUR THERANCE OF THE OBJECTIVES OF THE TRUST AND FOR ALL SUCH PUR POSES AS INCIDENTAL THERETO; O. ESTABLISHING HELP LINES AND COUNSELING CENTRES FOR SCHOOL STUDENTS INCLUDING FOR CAREER COUNSELING AND OTHER SOCIAL ISSUES; AND P. PROMOTING EDUCATION AND LEARNING IN ALL BRANCHES OF KNOWLEDGE AND FOR ALL ITS ALLIED PURPOSE. IT IS EXPRESSLY PROVIDED THAT IF ANY ONE OR MORE OF THE OBJECTS HEREIN ABOVE SPECIFIED ARE HELD NOT TO BE OBJECTS O F A CHARITABLE NATURE, THE TRUSTEES SHALL NOT CARRY OUT SUCH OBJEC T OR OBJECTS BUT THE VALIDITY OF THE SAID TRUST AS A TRUST FOR CHARI TABLE PURPOSES SHALL NOT BE AFFECTED IN ANY MANNER. 6. PERUSAL OF THE AIMS AND OBJECTS OF THE ASSESSEE TRUST WHEN EXAMINED INTO TOTALITY GO TO SHOW THAT THE DOMINANT OBJECT OF THE APPLICANT TRUST IS IMPARTING AND SUPPORTING EDUCATI ON BY ESTABLISHING, ACQUIRING AND OPERATING SCHOOLS, COLLEGES, TRAINING CENTERS, TUTORIAL CENTERS, STUDY CENTERS, ETC. AND SUPPLYING BOOKS, F OOD, CLOTHING AND FEES TO THE STUDENTS, SCHOLARS AND GRANT MONETARY ASSIST ANCE ETC. TO THEM. HOWEVER, APPLICANT TRUST HAS INSERTED A PROVISO TO THE MAIN AIMS AND OBJECTS THAT, IF ANY ONE OR MORE OF THE OBJECTS HEREIN ABOVE SPE CIFIED ITA NO.2824/DEL./2019 6 ARE HELD NOT TO BE OBJECTS OF A CHARITABLE NATURE, THE TRUSTEES SHALL NOT CARRY OUT SUCH OBJECT OR OBJECTS BUT THE VALIDITY O F THE SAID TRUST AS A TRUST FOR CHARITABLE PURPOSES SHALL NOT BE AFFECTED IN ANY MANNER. 7. WHEN WE EXAMINE THE IMPUGNED ORDER PASSED BY THE LD. CIT (E) IN THE LIGHT OF THE AIMS AND OBJECTS OF THE ASSESSE E TRUST, IT LEADS TO THE CONCLUSION THAT THE LD. CIT (E) PROCEEDED MERELY ON THE BASIS OF ASSUMPTIONS AND PRESUMPTION BY RECORDING THE FINDIN G THAT FOLLOWING OBJECTIONS MENTIONED IN THE TRUST DEED SEEM TO BE C OMMERCIAL IN NATURE AND THAT THE OBJECTS MENTIONED IN THE TRUST DEED AR E ON COMMERCIAL LINES AND ASSESSEE TRUST MAY DEVIATE FROM THE CHARITABLE ACTIVITIES. 8. LD. DR FOR THE REVENUE FILED WRITTEN SUBMISSIONS CONTAINING CASE LAWS WHICH ARE EXTRACTED AS UNDER :- IN THE ABOVE CASE, IT IS HUMBLY SUBMITTED THAT THE FOLLOWING DECISIONS MAY KINDLY BE CONSIDERED WITH R EGARD TO SECTION 12AA OF I.T. ACT AND PROVISO TO SECTION 2(1 5): 1. RAJAH SIR ANNAMALAI CHETTIAR FOUNDATION VS OIT [2011] 15 TAXMANN.COM 313 (CHENNAI) / [2011] 10 ITR (T) 424 (CHENNAI)/[2011] 48 SOT 502 (CHENNAI) (COPY ENCLOSED) WHERE HON'BLE ITAT CHENNAI HELD AS FOLLOWS: THE PRINCIPLE THAT THE INSTITUTIONS RUN BY THE CHAR ITABLE SOCIETIES MAY COLLECT FEES AND SERVICE CHARGES DOES NOT MEAN THAT THE INSTITUTIONS CAN CHARGE FEES, ETC., AT COM MERCIAL RATES FROM ALL THE PEOPLE WITHOUT GIVING ANY ELEMEN T OF CHARITY TO NEEDY PEOPLE. THE CHARITABLE PURPOSE DEF INED AND MANIFESTED AS INCLUDING RELIEF OF THE POOR, EDUCATI ON, MEDICAL RELIEF, ETC., IS TO PROTECT THE BASIC CONCE PT OF CHARITY. PRESENCE OF REAL CHARITY CANNOT BE DILUTED. CHARITY ALWAYS MEANS HELPING THE NEEDY SUPPORTING THE POOR, WORKIN G WITH COMPASSION AND DEDICATION FOR THE SOCIETY. RUNNING OF AN INSTITUTION WITHOUT ANY OF THE ABOVE VIRTUES CANNOT BE ITA NO.2824/DEL./2019 7 CONSIDERED AS A CHARITABLE INSTITUTION. THE OBJECT OF THE ASSESSEE-TRUST IS TO ESTABLISH A NUMBER OF EDUCATIO NAL INSTITUTIONS IN A BRAND NAME AND RUN IT ON COMMERCI AL LINES. THIS CANNOT BE A CHARITABLE ACTIVITY. 2. CIT VS NATIONAL INSTITUTE OF AERONAUTICAL ENGINEERING EDUCATIONAL SOCIETY [2009] 181 TAXMAN 2 05 (UTTARANCHAL) (COPY ENCLOSED) WHERE HON'BLE UTTARANCHAL HIGH COURT HELD THAT IN EXPRESSION 'CHARITABLE PURPOSE', CHARITY IS SOUL OF EXPRESSION AND MERE TRADE AND COMMERCE IN EDUCATION CANNOT BE SAID TO BE A CHARITABLE PURPOSE ENTITLING A SOCIETY TO G RANT OF REGISTRATION UNDER SECTION 12AA. IT WAS HELD AS FOL LOWS: 'SECTION 12AA PROVIDES PROCEDURE FOR REGISTRATION C LAUSE (A) OF SECTION 12AA(1)(A) EMPOWERS THE COMMISSIONER TO CALL FOR SUCH DOCUMENTS OR INFORMATION FROM THE TRU ST OR AN INSTITUTION, AS HE THINKS NECESSARY IN ORDER TO SAT ISFY HIMSELF ABOUT THE GENUINENESS OF THE ACTIVITIES OF THE TRUS T OR AN INSTITUTE AND MAY ALSO MAKE SUCH INQUIRIES, AS HE M AY DEEM NECESSARY IN THIS BEHALF. SAID PROVISION IN SECTION 12AA MAKES IT CLEAR THAT THE COMMISSIONER IS NOT SUPPOSE D TO ALLOW THE REGISTRATION WITH BLIND EYES. IN THE INST ANT CASE, THE ORDER PASSED BY THE COMMISSIONER SHOWED THAT HE HAD CONSIDERED THE INCOME AND EXPENDITURE ACCOUNT OF TH E SOCIETY FOR THE FINANCIAL YEARS 2000-01 TO 2002-03, AND CONCLUDED THAT THE ASSESSEE WAS NOT CARRYING ON ANY CHARITABLE ACTIVITY AS ITS DOMINANT OBJECT WAS TO E ARN PROFITS UNDER THE GARB OF 'EDUCATION'. THE COMMISSIONER HAD FURTHER OBSERVED THAT THE ASSESSEE WAS CHARGING SUB STANTIAL FEE FROM THE STUDENTS AND WAS MAKING HUGE PROFITS. THE ORDER PASSED BY THE COMMISSIONER FURTHER DISCLOSED THAT THE SURPLUS HAD BEEN TRANSFERRED TO THE CAPITAL FUND OF THE ASSESSEE. IT HAD BEEN FURTHER CLARIFIED IN THE FIND ING OF THE COMMISSIONER THAT NO EXPENDITURE WAS MADE BY THE AS SESSEE FOR THE CHARITABLE PURPOSE. [PARA 6] MERE IMPARTING EDUCATION FOR PRIMARY PURPOSE OF EAR NING PROFIT CANNOT BE SAID TO BE A CHARITABLE ACTIVITY A S INTERPRETED BY THE APEX COURT IN MUNICIPAL CORPN. O F DELHI V. CHILDREN BOOK TRUST [199213 SEE 390. IN THE EXPR ESSION 'CHARITABLE PURPOSE', CHARITY IS SOUL OF THE EXPRES SION. MERE TRADE AND COMMERCE IN EDUCATION CANNOT BE SAID TO B E A CHARITABLE PURPOSE.' ITA NO.2824/DEL./2019 8 3. CIT VS A.R.TRUST [2017] 86 TAXMANN.COM 6 (ALLAHABAD) WHERE HON'BLE ALLAHABAD HIGH COURT HELD THAT TRIBUN AL HAS NO JURISDICTION IN LAW TO DIRECT FOR REGISTRATI ON OF TRUST WITHOUT THERE BEING SATISFACTION RECORDED BY REGIST ERING AUTHORITY AS CONTEMPLATED BY SECTION 12AA. 4. G D SINGLA CHARITABLE TRUST VS CIT [ITA NO.594/2013] (COPY ENCLOSED) WHERE HON'BLE ITAT AMRITSAR HELD THAT BENEFIT OF REGISTRATION U/S 12AA CANNOT BE GRANTED TO A TRUST THAT IS CONTROLLED BY A SINGLE FAMILY. 9. THE LD. CIT (E) VIDE SHOW-CAUSE NOTICE DATED 27. 12.2018, AVAILABLE AT PAGES 6 & 7 OF THE PAPER BOOK, CALLED UPON THE ASSESSEE TO FURNISH PLETHORA OF DOCUMENTS/INFORMATION SO AS TO SATISFY HIMSELF AS TO THE GENUINENESS OF THE CHARITABLE ACTIVITIES BUT HA S NOT DISCUSSED ANY OF THE DOCUMENTS WHATSOEVER TO PROVE THAT HE WAS ACTUA LLY NOT SATISFIED AS TO THE GENUINENESS OF THE CHARITABLE ACTIVITIES TO BE CARRIED OUT BY THE ASSESSEE RATHER BASED THE ORDER ON THE BASIS OF WHI MS AND FANCIES. 10. IMPUGNED ORDER PASSED BY THE LD. CIT (E) REJECT ING THE REGISTRATION U/S 12AA OF THE ACT IS WHOLLY AND EXCL USIVELY BASED UPON WHIMS AND FANCIES WITHOUT EXAMINING THE AIMS AND OB JECTS IN TOTALITY. ONE CANNOT PICK UP TWO OR THREE OBJECTS TO DECIDE T HE ISSUE IN CONTROVERSY. THE LD. CIT (E) HAS NOT CALLED UPON T HE ASSESSEE TO FURNISH ANY DOCUMENTS OR INFORMATION, BANK STATEMENTS, TO P ROVE EXTENT OF THE CHARITABLE ACTIVITIES CARRIED OUT SO AS TO SATISFY HIMSELF ABOUT THE GENUINENESS OF THE ACTIVITIES OF THE TRUST RATHER D ISMISSED THE APPLICATION SUMMARILY BY HARPING UPON FOUR OBJECTS PICKED UP FR OM THE TRUST DEED. ITA NO.2824/DEL./2019 9 WE ARE OF THE CONSIDERED VIEW THAT THE LD. CIT (E) HAS NOT SATISFIED HIMSELF AS REQUIRED U/S 12AA OF THE ACT TO ARRIVE A T THE DECISION RATHER DISMISSED THE APPLICATION ON THE BASIS OF PRESUMPTI ONS AND ASSUMPTIONS. 11. IN VIEW OF WHAT HAS BEEN DISCUSSED ABOVE, WE AR E OF THE CONSIDERED VIEW THAT TO IMPART THE JUSTICE ONCE FOR ALL, THIS CASE IS REQUIRED TO BE REMANDED BACK TO THE LD. CIT (E) TO DECIDE AFRESH AFTER PROVIDING ADEQUATE OPPORTUNITY OF BEING HEARD TO TH E ASSESSEE. CONSEQUENTLY, THE APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 22 ND DAY OF JULY, 2019. SD/- SD/- (R.K. PANDA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 22 ND DAY OF JULY, 2019 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(E), NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.