M/si Bindusha Krishna Educational and Social Welfare Sociaty, Visakhapatnam V. THE CIT, RANGE - I, Visakhapatnam

ITA 428/VIZ/2012

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9672 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 02-12-2015
• Assessment Year: misc
• Appeal Filed On: 23-11-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: M. BHUPAL REDDY
• Assessee Lawyers: C.V.S. MURTHY
• Keywords: Charitable institution; Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 12AA; 10(23C)

Judgement Text

ITA NO.428/VIZAG/2012 BINDUSHA KRISHNA EDUCATIONAL AND SOCIAL WELFARE SOCI ETY, VSKP 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NO.428/VIZAG/2012 ( / ASSESSMENT YEAR: NA) BINDUSHA KRISHNA EDUCATIONAL AND SOCIAL WELFARE SOCIETY, VISAKHAPATNAM VS. CIT, RANGE - 1, VISAKHAPATNAM [PAN: AAAAB 8833D ] ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SHRI C.V.S. MURTHY, AR / RESPONDENT BY : SHRI M. BHUPAL REDDY, DR / DATE OF HEARING : 16.11.2016 / DATE OF PRONOUNCEMENT : 28.11.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT- 1, VISAKHAPATNAM DATED 24.9.2012. 2. FACTS ARE IN BRIEF THAT THE ASSESSEE M/S. BINDUS HA KRISHNA EDUCATIONAL AND SOCIAL WELFARE SOCIETY FILED AN APP LICATION IN FORM ITA NO.428/VIZAG/2012 BINDUSHA KRISHNA EDUCATIONAL AND SOCIAL WELFARE SOCI ETY, VSKP 2 NO.10A ON 26.3.2012 FOR GRANT OF REGISTRATION U/S 1 2AA OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS 'THE ACT') WIT H THE FOLLOWING OBJECTS: I. TO PROPAGATE SERVICE ACTIVITIES AND TO WORK FOR IMP ROVEMENT OF SOCIAL JUSTICE AND SOCIAL WELFARE OF THE PUBLIC AT LARGE. II. TO WORK FOR THE DEVELOPMENT OF SPORTS AND GAMES AND TO WORK FOR THE DEVELOPMENT OF FINE ARTS SUCH AS PLAYS, MUSIC AND D ANCE. III. TO WORK FOR THE ADULT EDUCATION BY ESTABLISHING NIG HT SCHOOLS AND TO WORK FOR ERADICATION OF ILLITERACY AMONG THE PUBLIC . IV. TO ESTABLISH LIBRARIES FOR THE BENEFIT OF MEMBERS A ND ALSO FOR THE PUBLIC UTILITY TO IMPROVE THE KNOWLEDGE AMONGST THE MEMBER S. V. TO WORK FOR THE UNIT BETWEEN THE MEMBERS BY TAKING VARIOUS MEASURES TO SHARE THE OPINIONS AND EXCHANGE OF VIEWS ETC., B Y CONDUCTING SOCIAL ACTIVITIES, FUNCTIONS. VI. TO PROMOTE FREE EDUCATION FOR POOR PEOPLE FROM KIND ERGARTEN TO POST GRADUATION AND TECHNICAL EDUCATION IN AND AROUND VI SAKHAPATNAM AND OTHER DISTRICTS. 3. THE LD. COMMISSIONER DENIED THE REGISTRATION U/S 12AA OF THE ACT ON THE GROUND THAT THE ASSESSEE IS ALREADY CLAIMING EXEMPTION U/S 10(23C) OF THE ACT AND WHY REGISTRATION IS REQUIRED U/S 12AA OF THE ACT. 4. ON BEING AGGRIEVED, ASSESSEE CARRIED MATTER IN A PPEAL BEFORE THE TRIBUNAL. 5. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED T HAT THOUGH THE ASSESSEE IS CLAIMING EXEMPTION U/S 10(23C) OF THE A CT, THERE IS NO BAR TO GRANT REGISTRATION U/S 12AA OF THE ACT AND SUBMITTE D THAT REGISTRATION MAY BE GRANTED. ITA NO.428/VIZAG/2012 BINDUSHA KRISHNA EDUCATIONAL AND SOCIAL WELFARE SOCI ETY, VSKP 3 6. ON THE OTHER HAND, THE LD. D.R. HAS SUPPORTED TH E ORDER PASSED BY THE LD. COMMISSIONER. 7. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHOR ITIES BELOW. WE FIND THAT PRIMA-FACIE THE ASSESSEE SOCIETY IS EXIST ED FOR A CHARITABLE PURPOSE. THOUGH THE ASSESSEE IS CLAIMING EXEMPTION U/S 10(23C) OF THE ACT, THERE IS NO BAR FOR THE ASSESSEE TO GRANT REGI STRATION U/S 12AA OF THE ACT. THEREFORE, THE ORDER PASSED BY THE LD. CO MMISSIONER IS SET ASIDE AND DIRECTED THE COMMISSIONER TO CONSIDER THE CASE OF THE ASSESSEE FOR REGISTRATION U/S 12AA OF THE ACT, KEEP ING IN VIEW OF THE OBJECTS OF THE SOCIETY AFTER BEING GIVEN OPPORTUNIT Y OF BEING HEARD TO THE ASSESSEE. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 28 TH NOV16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 28.11.2016 VG/SPS ITA NO.428/VIZAG/2012 BINDUSHA KRISHNA EDUCATIONAL AND SOCIAL WELFARE SOCI ETY, VSKP 4 '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT M/S. BINDUSHA KRISHNA EDUCATIONA L AND SOCIAL WELFARE SOCIETY, 10-1-41, CHINNA GANTYADA, OLD GAJUWAKA, VI SAKHAPATNAM-530026. 2. / THE RESPONDENT THE CIT-1, VISAKHAPATNAM 3. ) ( ) / THE CIT(A), VISAKHAPATNAM 4. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 5 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM