The Agricultural Produce Market Committe, Bhavnagar V. The DIT(Exemption), Ahmedabad

ITA 3868/AHD/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0053 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-07-2010
• Assessment Year: misc
• Appeal Filed On: 15-10-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S S JHA
• Section: 12A; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD D BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND MAHAVIR SINGH, JUDICIAL MEMBER) ITA.NO.3868/AHD/2007 THE AGRICULTURE PRODUCTS MARKET COMMITTEE, GADHADA BHAVNAGAR. VS. DIRECTOR OF INCOME TAX (EXEMPTION) AHMEDABAD. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI S.N.SOPARKAR WITH SMT.URVASHI SHODAN ASSESSEE BY : SHRI S.S.JHA O R D E R PER G.D. AGRAWAL, VICE-PRESIDENT: THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE DIRECTOR OF INCOME TAX (EX EMPTION), AHMEDABAD DATED 6-7-2007. THE ONLY GROUND RAISED IN THIS APP EAL READS AS UNDER: 1. THE LD. DIT (EXEMPTION) ERRED IN NOT GRANTING E XEMPTION U/S.12AA OF THE I.T.ACT, 1961 FROM 1 ST APRIL, 2002 AS APPLIED FOR THE APPELLANT. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL PLACED BEFORE US. THE ASSESSEE FURNISHED AN APPLICATION UNDER SE CTION 12AA ON 26-12-2006 SEEKING REGISTRATION OF THE INSTITUTION FROM 1-4-20 02. HOWEVER, THE DIT (EXEMPTION) GRANTED THE REGISTRATION TO THE ASSESSE E W.E.F. 1-4-2006. THE RELEVANT FINDINGS OF THE DIT(EXEMPTION) READS AS UN DER: I HAVE CAREFULLY CONSIDERED THE REPLIES UNDERTAKIN G VEIN BY THE CHAIRMAN/SECRETARY AS PLACED ON RECORD AND ALSO DIS CUSSED THIS MATTER WITH THE AR SHRI ASHOK B. KOTHIYA, CA WHO HAS AGREE D FOR REGISTRATION U/S.12AA TO THE APPLICANT COMMITTEE W.E.F. 01.04.20 06AS PER CLAUSE (A)(II) OF SECTION 12A OF THE I.T.ACT, 1961. ITA.NO.3868/AHD/2007 -2- 3, FROM THE ABOVE, IT IS EVIDENT THAT THE ASSESSEE S AUTHORISED REPRESENTATIVE, SHRI ASHOK B. KOTHIAYA, CA WHO APPE ARED BEFORE THE DIT (EXEMPTION) AGREED FOR EXEMPTION UNDER SECTION 12AA TO THE ASSESSEE W.E.F. 1-4-2006. AT THE TIME OF HEARING BEFORE US, NO MAT ERIAL IS BROUGHT ON RECORD TO CONTROVERT THE ABOVE FINDINGS RECORDED BY THE DIT(E XEMPTION). ONCE THE ASSESSEES REPRESENTATIVE AGREED BEFORE THE DIT(EXE MPTION) FOR GRANT OF EXEMPTION W.E.F. 12-4-2006, THE ASSESSEE CANNOT BE SAID AGGRIEVED WITH THE ORDER OF THE DIT(EXEMPTION) SO AS TO FILE THE APPEA L BEFORE THE TRIBUNAL. 4. IN VIEW OF THE ABOVE, WE UPHOLD THE ORDER OF THE DIT(EXEMPTION) AND REJECT THE APPEAL FILED BY THE ASSESSEE. 5. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D. ORDER PRONOUNCED IN OPEN COURT ON 20 TH AUGUST, 2010. SD/- SD/- (MAHAVIR SINGH) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 20-08-2010 VK* COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD