Shri Vrundavan Gau Seva Samaj Trust, JAMNAGAR V. The Commissioner of Income Tax, JAMNAGAR

ITA 296/RJT/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76417 (ITAT-RAJKOT)
• Duration Of Justice: 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 16-01-2014
• Assessment Year: misc
• Appeal Filed On: 13-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: YOGESH
• Assessee Lawyers: CHETAN AGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBULAL, SMC BENCH, RAJKOT BEFORE SHRI T. K. SHARMA, JM ITA NO. 296/RJT/2013 SHRI VRUNDAVAN GAU SEVA SAMAJ TRUST, RANJITPARA, AT- BHANBVAD, DIST. JAMNAGAR PAN : AABTV 2576 M ( / APPELLANT) THE COMMISSIONER OF INCOME-TAX JAMNAGAR / RESPONDENT / ASSESSEE BY SHRI CHETAN AGARWAL, CA / REVENUE BY SHRI YOGESH PANDY, DR / DATE OF HEARING 16.01.2014 !'# / DATE OF PRONOUNCEMENT 17.01.2014 / ORDER THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DA TED 20.05.2013 OF COMMISSIONER OF INCOME-TAX, JAMNAGAR REFUSING TO GR ANT REGISTRATION U/S 12A(A) OF THE INCOME-TAX ACT, 1961. 2. THE FACTS, IN BRIEF, ARE THAT THE ASSESSEE-TRUST MADE WAS CREATED ON 31.07.2003. IT IS REGISTERED UNDER THE BOMBAY PUBL IC TRUST ACT, 1950 WITH THE ASSTT. CHARITY COMMISSIONER, JAMNAGAR VIDE REGISTRATION NO .E/2478/JAMNAGAR DTD. 31.07.2003. THE TRUST HAS MADE AN APPLICATION FOR R EGISTRATION U/S 12A(A) OF THE INCOME-TAX ACT ON 01.11.2012. IN THE IMPUGNED ORDE R, LD. CIT REJECTED THE APPLICATION OF THE ASSESSEE-TRUST OBSERVING THAT TH E TRUST DEED DOES NOT CONTAIN PROVISIONS IN THE EVENT OF ITS DISSOLUTION TO THE E FFECT THAT UPON THE DISSOLUTION, IF ANY PROPERTY REMAINS AFTER SATISFACTION OF ITS DEBTS AN D LIABILITIES, THE SAME SHALL BE TRANSFERRED TO THE TRUST HAVING SIMILAR OBJECTS. T HE LD. CIT FURTHER OBSERVED THAT THE ASSESSEE-TRUST HAS NOT PRODUCED THE ORIGINAL DOCUME NTS FOR VERIFICATION. AGGRIEVED WITH THE ORDER OF LD. CIT, THE ASSESSEE-TRUST IS NO W IN APPEAL BEFORE THIS TRIBUNAL. 3. AT THE TIME OF HEARING, ON BEHALF OF THE ASSESSE E, SHRI CHETAN AGARWAL, CA, APPEARED AND POINTED OUT THAT THE ASSESSEE-TRUST SU BMITTED THE VARIOUS DETAILS ON 23.05.2013, BUT THE IMPUGNED ORDER WAS PASSED ON 20 .05.2013. THE AR OF THE ASSESSEE FURTHER POINTED OUT THAT THE ASSESSEE-TRUS T HAS AMENDED THE OBJECT/DISSOLUTION CLAUSE AS REQUIRED BY THE LD. CI T; THEREFORE, IN THE INTEREST OF JUSTICE 2 296-RJT-2013 SHRI VRUNDAVAN GAU SEVA SAMAJ TRUST (SMC) THE IMPUGNED ORDER OF LD. CIT BE SET ASIDE AND HE M AY BE DIRECTED TO PASS A FRESH ORDER ON ASSESSEES APPLICATION FOR REGISTRATION U/ S 12A(A) OF THE INCOME-TAX ACT, 1961. 4. SHRI YOGESH PANDY, DR, APPEARED FOR THE REVENUE COULD NOT CONTROVERT THE AFORESAID SUBMISSIONS MADE BY THE LD. AR OF THE ASS ESSEE-TRUST. 5. HAVING HEARD BOTH THE SIDES, I HAVE CAREFULLY GO NE THROUGH THE IMPUGNED ORDER OF LD. CIT. IT APPEARS THAT NOW ALL THE DETAI LS WHICH WERE REQUIRED BY THE LD. CIT ARE AVAILABLE; THEREFORE, IN THE INTEREST OF JUSTIC E, THE IMPUGNED ORDER OF LD. CIT IS SET ASIDE AND HE IS DIRECTED TO PASS A FRESH ORDER ON A SSESSEE-TRUSTS APPLICATION FOR REGISTRATION U/S 12A(A) OF THE INCOME-TAX ACT, 1961 , WHICH WAS FILED ON 01.11.2012. THE ASSESSEE-TRUST IS ALSO DIRECTED TO FURNISH FURT HER DETAILS, IF ANY, WHICH THE LD. CIT MAY REQUIRE FOR GRANTING REGISTRATION U/S 12A(A) OF THE INCOME-TAX ACT, 1961. 6. IN THE RESULT, APPEAL OF THE ASSESSEE-TRUST IS T REATED AS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER PRONOUNCED IN OPEN COURT ON THE DATE MEN TIONED HEREINABOVE. SD/- ( $.. &' / T. K. SHARMA) ( ) /JUDICIAL MEMBER *)& +) ,/ ORDER DATE: 17.01.2014 !$ /RAJKOT *BT / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT- SHRI VRUNDAVAN GAU SEVA SAMAJ TRUST, JAMNAGAR 2. / RESPONDENT- THE COMMISSIONER OF INCOME-TAX, JAMN AGAR 3. ,0,1 * * 2 / CONCERNED JT. CIT, RANGE-3, JAMNAGAR 4 . 345 1, * 1#, !$ / DR, ITAT, RAJKOT 5 . 57 89 / GUARD FILE *)& / BY ORDER TRUE COPY PRIVATE SECRETARY, ITAT, RAJKOT