M/s Krishi Upaj Mandi Samiti, Sendhwa V. The ACIT, Khandwa

ITA 374/IND/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1526 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2009
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 13-10-2009
• Assessment Year: 2006-2007
• Appeal Filed On: 17-07-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Assessee Lawyers: C P RAWKA F
• Keywords: Charitable institution
• Section: 12A; 11

Judgement Text

PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH : INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER PAN NO. : AAAK4301P I.T.A.NO. 374/IND/2009 A.Y. : 2006-07 KRISHI UPAJ MANDI SAMITI, ACIT, SENDHWA VS KHANDWA APPELLANT RESPONDENT I.T.A.NO. 332/IND/2009 A.Y. : 2006-07 ITO, KRISHI UPAJ MANDI SAMITI, KHANDWA VS SENDHWA APPELLANT RESPONDENT ASSESSEE BY : SHRI C.P.RAWKA, F.C.A. DEPARTMENT BY : SMT. APARNA KARAN, SR. DR DATE OF HEARING : 13.10.2009 O R D E R PER GUPTA, A.M. THESE CROSS APPEAL ARISE OUT OF THE ORDER OF TH E LD. CIT(A)-II DATED 25.03.2009 FOR THE ASSESSMENT YEAR 2006-07. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE ALSO PERUSE D THE MATERIAL AVAILABLE ON RECORD. PAGE 2 OF 3 3. IN THE ASSESSEES APPEAL, APART FROM MERITS, THE AS SESSEE IN GROUND NO. 1 HAS STATED THAT THE ASSESSEE WAS ENTIT LED FOR REGISTRATION AS A CHARITABLE INSTITUTION, FOR WHICH AN APPLICATION U/ S 12A HAD BEEN MADE ON 28 TH FEBRUARY, 2006. THE CLARIFICATIONS AS SOUGHT BY TH E LD. CIT WERE ALSO FURNISHED VIDE LETTER DATED 19 TH SEPTEMBER, 2006, AND AGAIN ON 19 TH MARCH, 2007. THUS, THE ASSESSEE HAD COMPLIED WITH A LL THE REQUIREMENTS AS PRESCRIBED BY LAW. HOWEVER, THE LD. CIT NEITHER GRANTED NOR REFUSED THE REGISTRATION WITHIN THE SPECIFIED PERIOD OF SIX MONTHS, HENCE, IT WAS TO BE DEEMED THAT THE ASSESSEE HAD BEEN GRANTED REGIST RATION U/S 12A AND IF THAT BE SO, THEN, THE INCOME HAD TO BE COMPUTED AS PER THE PROVISIONS OF SECTION 11 TO 13 OF THE ACT AS AGAINST BEING COMPUT ED UNDER NORMAL PROVISIONS OF THE LAW. 4. THE LD. DEPARTMENTAL REPRESENTATIVES COMMENTS WERE SOUGHT. HOWEVER, SHE PREFERRED TO RELY ON THE ORDER OF THE LD. CIT IN RESPECT OF ASSESSEES APPEAL AND ON THE ORDER OF A.O. IN RESPE CT OF APPEAL FILED BY THE REVENUE. 5. WE HAVE CONSIDERED THE SUBMISSIONS MADE BY BOTH THE SIDES, MATERIAL ON RECORD AND THE ORDERS OF THE AUTHORITIE S BELOW. ADMITTEDLY, IN THIS CASE, THE ASSESSEES APPLICATION OF REGISTRATI ON U/S 12A HAS NOT BEEN REJECTED WITHIN THE PERIOD OF SIX MONTHS, HENCE, TH E ASSESSEE IS DEEMED TO HAVE BEEN GRANTED REGISTRATION THEREUNDER. ACCORDIN GLY, WE HOLD THAT THE ASSESSEE IS A CHARITABLE INSTITUTION. HENCE, GROUND NO.1 OF THE ASSESSEES PAGE 3 OF 3 APPEAL IS ALLOWED. THIS ASPECT HAS BEEN DEALT IN TH IS APPEAL AS THIS ISSUE IS ARISING OUT OF THE APPELLATE ORDER. ACCORDINGLY, TH E INCOME OF THE ASSESSEE IS TO BE COMPUTED AS PER THE PROVISIONS OF SECTION 11 TO 13 OF THE ACT. HAVING STATED SO, THE OTHER GROUNDS OF THE ASSESSEE S APPEAL AS WELL AS REVENUES APPEAL ARE RESTORED TO THE FILE OF A.O. F OR CONSIDERATION THEREOF AFRESH AS PER LAW HAVING REGARD TO THE PROVISIONS O F SECTIONS 11 TO 13 OF THE ACT. THUS, GROUND NO. 1 STANDS ALLOWED AND OTHE R GROUNDS OF BOTH THE APPEALS STAND ALLOWED FOR STATISTICAL PURPOSES. 6. TO SUM UP, THE ASSESSEES APPEAL IS PARTLY ALLOWED AND REVENUES APPEAL STANDS ALLOWED FOR STATISTICAL PUR POSES. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 20 TH OCTOBER, 2009. SD/- SD/- (JOGINDER SINGH) (V. K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 20 TH OCTOBER, 2009. CPU* 1910