Maharishi Institute of Creative Intelligence U.P, Lucknow V. Commissioner of Income Tax (Exemption), Lucknow

ITA 324/LKW/2015

• Counselvise Citation: 32423714 RSA 2015
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 21-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARISH GIDWANI
• Assessee Lawyers: K R RASTOGI
• Keywords: Charitable institution
• Section: 12A; 12AA; 263; 10; 11

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.324/LKW/2015 ASSESSMENT YEAR:2010 2011 MAHARISHI INSTITUTE OF CREATIVE INTELLIGENCE U.P., P.O. DIGURIA, SITAPUR ROAD, LUCKNOW 226024. PAN:AHRPM8162D VS. CIT, (EXEMPTION), LUCKNOW (APPELLANT) (RESPONDENT) APPELLANT BY SHRI K. R. RASTOGI, C.A. RESPONDENT BY SHRI HARISH GIDWANI, SR. DR DATE OF HEARING 08/07/2015 DATE OF PRONOUNCEMENT 3 0 /07/2015 O R D E R PER A. K. GARODIA, A.M. THIS IS ASSESSEES APPEAL DIRECTED AGAINST THE ORDER OF LEARNED CIT (EXEMPTIONS) LUCKNOW DATED 25.03.2015 U/S 263 FOR A.Y. 2010 2011. 2. THE ASSESSEE HAS RAISED VARIOUS GROUNDS BUT THE ONLY GRIEVANCE OF THE ASSESSEE IS THAT THE ASSESSMENT ORDER IS NOT ERRONEOUS AND THEREFORE, THE ORDER OF CIT U/S 263 IS NOT VALID. 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE BASIS OF THE ORDER OF CIT IS THIS THAT THERE IS NO REGISTRATION U/S 12AA OR APPROVAL U/S 10 (23C) OF THE I. T. ACT. HE FURTHER SUBMITTED THAT ON PAGE 20 OF THE PAPER BOOK IS A LETTER DATED 16.05.1983 RECEIVED FROM THE OFFICE OF CIT DELHI VI FOR TRANSFER OF ASSESSEES APPLICATION FOR REGISTRATION U/S 12A TO CIT, MEERUT. THEREAFT ER , HE SUBMITTED THAT ON PAGE 34 OF THE PAPER BOOK IS LETTER DATED 03.06.2015 FROM CIT MEERUT STATING THAT 12A REGISTRATION WAS GRANTED TO THE ASSESSEE SOCIETY ON 22.09.1987. HE ALSO SUBMITTED THAT THEREFORE, IT IS SEEN THAT THE ASSESSEE SOCIETY IS ENJOYI NG 12A REGISTRATION W.E.F. 2 22.09.1987. THEREAFTER, HE PLACED RELIANCE ON A TRIBUNAL ORDER IN THE CASE OF MAHARISHI RAMAYAN VIDYA PEETH TRUST VS. ACIT IN ITA NO. 2602/DEL/2008 DATED 24.07.2009 FOR A.Y. 2003 04, COPY ON PAGES 35 TO 41 OF THE PAPER BOOK. IN PARTICULAR, OUR ATTENTION WAS DRAWN TO PARA 5 OF THE TRIBUNAL ORDER ON PAGE 38, WHERE IT WAS HELD BY THE TRIBUNAL THAT BEFORE 01.04.1997, ALL THAT WAS REQUIRED OF A CHARITABLE INSTITUTION WAS THAT IT HAD TO FILE AN APPLICATION FOR REGISTRATION IN THE PR ESCRIBED FORM AND IN THE PRESCRIBED MANNER BEFORE THE EXPIRY OF ONE YEAR FROM THE DATE OF CREATION OF THE TRUST. IF THIS CONDITION WAS SATISFIED, IT IS TO BE HELD THAT THE ASSESSEE WAS ENTITLED TO BE TREATED AS A CHARITABLE TRUST ENTITLED TO THE BENEFIT OF SECTIONS 11 TO 13 RIGHT FROM THE DATE OF ITS CREATION. HE SUBMITTED THAT IN VIEW OF THE TRIBUNAL ORDER AND THE FACTS OF THE PRESENT CASE, THE ASSESSMENT ORDER IS NOT ERRONEOUS AND THEREFORE, THE ORDER OF CIT U/S 263 IS NOT VALID. LEARNED DR OF THE REVENUE SUPPORTED THE ORDER OF CIT. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT AS PER THE IMPUGNED ORDER, THE ONLY BASIS OF CIT FOR HOLDING THAT THE ASSESSMENT ORDER IS ERRONEOUS IS THIS THAT THERE IS NO REGISTRATION CERTIFICATE U/S 12AA. BUT WE F IND THAT AS PER LETTER DATED 03.06.2015 OF CIT, MEERUT, THIS ASSESSEE SOCIETY IS ENJOYING 12A REGISTRATION W.E.F. 22.09.1987 AND HENCE, THE VERY BASIS OF THE ORDER OF CIT IS NONEXISTENT. THEREFORE, THE IMPUGNED ORDER OF CIT U/S 263 IS NOT VALID AND WE QUAS H THE SAME. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 3 0 /07/2015 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. REGISTRAR