Shri Navdurga Saunsthan., Ponda V. The Commissioner of Income Tax, (Exemption) Bengalore.., Bangalore

ITA 414/PAN/2015

• Counselvise Citation: [2016] 128 COUNSELVISE.COM (IT) 9759 (ITAT-PANAJI)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 21-07-2016
• Assessment Year: 2015-2016
• Appeal Filed On: 09-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANAND SHANKAR MARATHE
• Keywords: Opportunity of being heard; Benefit of exemption
• Section: 12AA; 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 414 /P A N/201 5 (ASST. YEAR : 20 15 - 1 6 ) SHRI NANVADURGA SAUNSTHAN, P.O. MARDOL, MADKAI, PONDA, GOA . VS. CIT (EXEMPTIONS) , BENGALORE . PAN NO. AAFAS 9142 R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI R.K. PIKALE C A. DEPARTMENT BY : SHRI ANAND SHANKAR MARATHE - DR DATE OF HEARING : 21 / 0 7 /201 6 . DATE OF PRONOUNCEMENT : 21 / 0 7 /201 6 . O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX ( EXEMPTIONS ) , BA NGALORE IN F.N O .CIT(E)BLR/12AA/PNJ - 563/15 - 16 , DATED 2 4 /0 9 /201 5 DENYING THE REGISTRATION UNDER SECTION 12AA OF THE ACT . 2. SHRI R.K. PI KLE, CA REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI ANAND SHANKAR MARATHE , DEPARTMENTAL REPRESENTATIVE REPRESENTED ON BEHALF OF THE REVENUE . 3 . IN THIS APPEAL, THE ASSESSEE HAS CHALLENGED THE ACTION OF THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) IN DENYING THE ASSESSEE REGISTRATION UNDER SECTION 12AA ON THE GROUND THAT IT DID NOT CONTAIN 2 ITA NO. 4 14 /P A N/201 5 THE DISSOLUTION CLAUSE, BENEFICIARY CLAUSE AND AREA OF OPERATION CLAUSE . FURTHER, THE ASSESSEE HAS ALSO SUBMITTED THAT THE ASSESSEE HAD NOT BEEN GIVEN ADEQUATE OPPORTUNITY TO REPRESENT ITS CASE AND THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) HAD NOT CONSIDERED THE AMENDMENTS DON E TO THE DEED . CONSEQUENTLY, THE TRIBUNAL HAD DIRECTED THE ASSESSEE TO APPEA R BEFORE THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) AND PRODUCE ALL THE DETAILS AND THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) HAD BEEN DIRECTED TO SEN D THE NECESSARY REPORT AFTER VERIFICATION OF ALL THE DOCUMENTS. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) HAS , AFTER EXAMINING ALL THE DOCUMENTS AND GRANTING THE ASSESSEE OPPORTUNITY OF BEING HEARD, SENT A REPORT THROUGH DEPARTMENTAL REPRESENTATIVE WHICH READS AS UNDER: - 3 ITA NO. 4 14 /P A N/201 5 IN THE SAID REPORT , IT IS NOTICED THAT THE ASSESSEE HAS PRODUCED DOCUMENTS REQUIRED , FOR ESTABLISHING ITS CASE BEFORE THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) AND THE GROUNDS , ON WHICH THE REGISTRATION WAS DENIED HAVE BEEN ADDRESSED BY WAY OF RESOLUTIONS AND THE COPY OF THE SAME HAS ALSO BEEN FILED BEFORE THE COMMISSIONER OF INCOME TAX (EXEMPTIONS). THIS BEING SO, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOW ELIGIBLE FOR BEING GRANTED BENEFIT OF EXEMPTION UNDER SECTION 12AA AS CLAIME D . IN THESE CIRCUMSTANCES , THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) IS DIRECTED TO GRANT THE ASSESSEE BENEFIT OF REGISTRATION UNDER SECTION 12AA AS CLAIMED. 4 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON THURSDAY , THE 21 ST DAY OF JULY , 201 6 AT GOA . S D / - S D / - (N.S.SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 21 ST JU LY , 201 6 . VR/ - COPY TO: 1 . THE ASSESSEE. 2 . THE REVENUE. 3 . THE CIT 4 . THE CIT( E ) , 6 TH FLOOR, UNITY BLDG. ANNEX, P. KALINGA RAO ROAD, B A NGALORE 560 001. 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI