BEAWAR BAL VIKAS SAMITTEE, BEAWAR V. COMMISSIONER OF INCOME TAX (EXEMPTIONS), JAIPUR

ITA 358/JPR/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4093 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Appeal Filed On: 15-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA CIT DHK
• Assessee Lawyers: MANISH VYAS

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,OA JH FOE FLAG ;K NO ] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SING H YADAV, AM VK;DJ VIHY LA-@ ITA NO. 358/JP/2018 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2017-18. BEAWAR BAL VIKAS SAMITTEE C/O MANISH VYAS & ASSOCIATES, CHARTERED ACCOUNTANTS, 70, SHREE JI COMPLEX, SENDRA ROAD, BEAWAR. CUKE VS. THE COMMISSIONER OF INCOME - TAX (EXEMPTIONS), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAAAB 7842 G VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MANISH VYAS (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 25.10.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 26/10/2018. VKNS'K@ ORDER PER VIJAY PAL RAO, JM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 17 TH JANUARY, 2018 PASSED BY THE LD. CIT (EXEMPTIONS), JAIPUR UN DER SECTION 10(23C)(VI) OF THE I.T. ACT. THE ASSESSEE HAS RAISED THE FOLLOWING GR OUNDS :- ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LE ARNED CIT (EXEMPTIONS) WAS NOT JUSTIFIED IN PROVIDING THE APP ROVAL UNDER SECTION 10(23C)(VI) OF THE INCOME TAX ACT, 1961 WITH EFFECT FROM ASSESSMENT YEAR 2018-19 AS ORDERED ON PAGE NO. 03 OF THE APPRO VAL ORDER, IN SPITE OF FACT THAT THE APPLICATION WAS RECEIVED IN THE OFFICE OF THE LEARNED CIT (EXEMPTIONS) ON 5 TH JANUARY, 2017 AND APPROVAL SHOULD HAVE BEEN GRANTED ON AND FROM FINANCIAL YEAR 01.04. 2016 TO 31.03.2017 I.E. FROM ASSESSMENT YEAR 2017-18. 2. THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPEA L IS THAT THE APPROVAL GRANTED BY THE LD. CIT (EXEMPTIONS) IS FROM ASSESSMENT YEAR 2018-19 INSTEAD OF THE 2 ITA NO. 358/JP/2018 BEAWAR BAL VIKAS SAMITTEE, BEAWAR. ASSESSMENT YEAR 2017-18. THE ASSESSEE FILED APPLIC ATION IN FORM NO. 56D SEEKING APPROVAL UNDER SECTION 10(23C)(VI) OF THE IT ACT. THE LD. CIT (EXEMPTIONS) HAS GRANTED THE APPROVAL TO THE ASSESSEE VIDE IMPUGNED ORDER FROM ASSESSMENT YEAR 2018-19 ONWARDS. 3. THE LD. A/R OF THE ASSESSEE HAS SUBMITTED THAT T HE ASSESSEE FILED THE APPLICATION ON 5 TH JANUARY, 2017 AND, THEREFORE, AS PER THE FOURTEENT H PROVISO TO SECTION 10(23C)(VI) THE APPROVAL OUGHT TO HAVE BEEN GRANTED FOR THE ASSESSMENT YEAR 2017-18. HE HAS FURTHER SUBMITTED THAT THE AS SESSEE FURNISHED ALL THE RELEVANT RECORD INCLUDING THE BOOKS OF ACCOUNT FOR LAST 4 YE ARS FOR THE EXAMINATION OF THE LD. CIT (EXEMPTIONS), HENCE THE APPROVAL GRANTED FROM T HE ASSESSMENT YEAR 2018-19 IS NOT JUSTIFIED WHEN THE APPLICATION OF THE ASSESSEE WAS FILED WELL WITHIN THE TIME AS PER THE FOURTEENTH PROVISO TO SECTION 10(23C)(VI). 4. ON THE OTHER HAND, THE LD. D/R HAS RELIED UPON T HE IMPUGNED ORDER OF THE LD. CIT (EXEMPTIONS) AND SUBMITTED THAT THE ASSESSEE HA S AMENDED THE OBJECTS ON 18.01.2018, THEREFORE, THE LD. CIT (EXEMPTIONS) IS RIGHT IN GRANTING THE APPROVAL FROM THE A.Y. 2018-19. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AS WELL AS THE RELEVANT MATERIAL ON RECORD. WE NOTE THAT THE LD. CIT (EXEMPTIONS) WAS SATISFIED WITH THE OBJECTS OF THE ASSESSEE BEING CHARITABLE IN NATURE AS WELL AS GENU INENESS OF THE ACTIVITY OF THE ASSESSEE AFTER EXAMINATION AND VERIFICATION OF THE RELEVANT RECORD. HOWEVER, WHILE GRANTING THE APPROVAL, THE LD. CIT (EXEMPTIONS) HAS STATED THAT THIS ORDER IS APPLICABLE FOR THE ASSESSMENT YEAR 2018-19 ONWARDS. THE LD. CIT (EXEMPTIONS) HAS NOT GIVEN OR RECORDED ANY REASONS FOR GRANTING APPR OVAL FROM A.Y. 2018-19 WHEN THERE IS A SPECIFIC PROVISION AS PROVIDED IN FOURTE ENTH PROVISO TO SECTION 10(23C)(VI) AS UNDER :- 3 ITA NO. 358/JP/2018 BEAWAR BAL VIKAS SAMITTEE, BEAWAR. PROVIDED ALSO THAT IN CASE OF THE FUND OR TRUST O R INSTITUTION OR ANY UNIVERSITY OR OTHER EDUCATIONAL INSTITUTION OR ANY HOSPITAL OR OTHER MEDICAL INSTITUTION REFERRED TO IN THE FIRST PROVIS O MAKES AN APPLICATION OR AFTER THE 1 ST DAY OF JUNE, 2006 FOR THE PURPOSE OF GRANT OF EXEMPTION OR CONTINUANCE THEREOF, SUCH APPLICATION SHALL BE MADE ON OR BEFORE THE 30 TH DAY OF SEPTEMBER OF THE RELEVANT ASSESSMENT YEAR FROM WHICH THE EXEMPTION IS SOUGHT. THUS THE FOURTEENTH PROVISO TO SECTION 10(23C)(VI) REQUIRES THE ASSESSEE TO MAKE AN APPLICATION ON OR BEFORE 30 TH SEPTEMBER OF THE RELEVANT ASSESSMENT YEAR FROM WHI CH THE EXEMPTION IS SOUGHT. IN THE CASE IN HAND, THE ASSESSEE UNDISPUTEDLY FILED THE APPLICATION ON 5 TH JANUARY, 2017 AND, THEREFORE, THE APPLICATION WAS FILED WELL WITHIN THE TIME AS PROVIDED UNDER THE SAID PROVISO AND HEN CE THERE WAS NO REASON FOR NOT GRANTING THE EXEMPTIONS FROM THE ASSESSMENT YEAR 20 17-18. ACCORDINGLY, IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS IN THE LIGHT OF THE FOURTEENTH PROVISO TO SECTION 10(23C)(VI), WE MODIFY THE IMPUG NED ORDER OF THE LD. CIT (EXEMPTIONS) THAT THE EXEMPTION IS APPLICABLE FROM THE A.Y. 2017-18. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER IS PRONOUNCED IN THE OPEN COURT ON 26/10/20 18. SD/- SD/- ( FOE FLAG ;KNO ) ( FOT; IKY JKWO (VIKRAM SINGH YADAV ) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 26/10/2018. DAS/ 4 ITA NO. 358/JP/2018 BEAWAR BAL VIKAS SAMITTEE, BEAWAR. VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- BEAWAR BAL VIKAS SAMITTEE, BEAWAR . 2. THE RESPONDENT THE CIT (EXEMPTIONS), JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 358/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 5 ITA NO. 358/JP/2018 BEAWAR BAL VIKAS SAMITTEE, BEAWAR.