SYNTEL PRAYAS FOUNDATION, MUMBAI V. DIT (E), MUMBAI

ITA 3321/MUM/2010

• Counselvise Citation: 332119914 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 28-11-2011
• Assessment Year: misc
• Appeal Filed On: 28-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH
• Assessee Lawyers: RAHUL CHHAJED
• Section: 12A; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH J,MUMBAI BEFORE SHRI D.K. AGARWAL (JM) & SHRI B. RAMAKOTAIA H (AM) I.T.A. NO.3321/MUM/2010 (A.Y.) SYNTEL PRAYAS FOUNDATION,, UNIT NO.12, S.D.F. IV, SEEPZ, ANDHERI (E), MUMBAI-400 096. PAN: AANCS2364R VS. DIRECTOR OF INCOME-TAX (EXEMPTION), 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI-400 012. APPELLANT RESPONDENT APPELLANT BY SHRI RAHUL CHHAJED. RESPONDENT BY SHRI D .S. SUNDER SINGH. DATE OF HEARING 28 - 11 - 2011 DATE OF PRONOUNCEMENT 28 - 11 - 2011 O R D E R PER D.K. AGARWAL, JM : THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER DATED 26-2-2010 PASSED BY THE DIRECTOR OF INCOME-TA X (EXEMPTION), MUMBAI, UNDER SECTION 12AA(1)(B)(II) READ WITH SECTION 12A OF THE INCOME-TAX ACT, 1961 (THE ACT), TAKING THE FOLLOWING GROUNDS OF APPEA L: I 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE, THE LEARNED DIRECTOR OF INCOME TAX (EXEMPTION ), MUMBAI (THE DIT(E)) HAS LEGALLY ERRED IN NOT GRAN TING REGISTRATION TO THE TRUST UNDER SECTION 12AA OF THE INCOME-TAX ACT, 1961 (THE ACT). 2. THE APPELLANT PRAYS THAT THE DIT (E) BE DIRECT ED TO GRANT REGISTRATION U/S.12A OF THE INCOME TAX ACT 1961. II 1. THE ORDER OF LEARNED DIT(E) IS BAD IN LAW AND ON THE FACTS OF THE CASE. ITA NO.3321/M/10 SYNTEL PRAYAS FOUNDATION 2 2. THE LEARNED DIT(E) HAS ERRED IN REJECTING THE APPLICATION FOR REGISTRATION UNDER SECTION 12AA OF THE ACT ON THE GROUND THAT OBJECTS OF THE COMPANY EXTEN DS TO THE TERRITORIES COMPRISED IN THE UNION OF INDIA AND ALL OTHER COUNTRIES OF THE WORLD. 3. THE LEARNED DIT(E) HAS ERRED IN NOT CONSIDERING THAT THE COMPANYS INCIDENTAL OR ANCILL ARY OBJECTS ARE FOR THE ATTAINMENT OF MAIN OBJECT, AND THEREBY REJECTING THE APPLICATION FOR REGISTRATION UNDER SE CTION 12AA OF THE ACT. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT IN THIS CASE THE ASSESSEE HAS FILED LETTER DATED 18-11 -2011 FOR WITHDRAWAL OF APPEAL, THEREFORE, THE APPEAL FILED BY THE ASSESSEE MAY BE TREATED AS WITHDRAWN, WHICH WAS NOT OBJECTED TO BY THE LD. D.R. 3. AFTER HEARING THE RIVAL PARTIES AND PERUSING THE MATERIAL AVAILABLE ON RECORD, WE FIND MERIT IN THE PLEA OF THE LD. COUNSE L FOR THE ASSESSEE THAT THE ASSESSEE VIDE LETTER DATED 18-11-2011, INTER ALIA, SUBMITTED AS UNDER : IN THIS CONNECTION, WE WISH TO SUBMIT THAT THE APP ELLANT IS DESIROUS OF WITHDRAWING THE APPEAL. HENCE, WE REQUE ST YOUR HONORS TO KINDLY PERMIT US TO WITHDRAW THE APPEAL FILED BY US. IT IS ALSO SUBMITTED THAT SUCH WITHDRAWAL SHOULD NO T BE CONSTRUED AS ACCEPTANCE OF THE DEPARTMENTS CONTENT ION ON THE ISSUES INVOLVED FOR SUBSEQUENT YEAR (S). THAT BEING SO, AND IN THE ABSENCE OF ANY SUPPORTING MATERIAL PLACED ON RECORD BY THE LD. COUNSEL FOR THE ASSESSEE, WE DISMISS THE AP PEAL FILED BY THE ASSESSEE FOR NON-PROSECUTION. 4. IN THE RESULT, THE ASSESSEES APPEAL STANDS DISM ISSED BEING WITHDRAWN. ITA NO.3321/M/10 SYNTEL PRAYAS FOUNDATION 3 ORDER PRONOUNCED IN THE OPEN COURT ON THE 28TH DAY OF NOVEMBER, 2011. SD/- SD/- (B. RAMAKOTAIAH) (D.K. AGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 28TH NOVEMBER , 2011. NG: COPY TO : 1. ASSESSEE. 2.DEPARTMENT. 3 DIT(E),MUMBAI. 4 DDIT(E)-1(2),MUMBAI. 5.DR,J BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST. REGISTRAR, ITAT, MUMBAI. ITA NO.3321/M/10 SYNTEL PRAYAS FOUNDATION 4 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 28-11-2011 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 28-11-2011 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER