Telangana State Livestock Development Agency, Hyd, Hyderabad V. CIT(Exemptions), Hyd, Hyderabad

ITA 452/HYD/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9737 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 11-01-2017
• Assessment Year: 2015-2016
• Appeal Filed On: 30-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: G.V.V.S. MURTHY
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 452/HYD/2016 ASSESSMENT YEAR: 2015-16 TELANGANA STATE LIVESTOCK DEVELOPMENT AGENCY, HYDERABAD. PAN AAEAT 2308 R VS. COMMISSIONER OF INCOME-TAX (EXEMPTION), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.V.S. MURTHY REVENUE BY : SHRI P. CHANDRA SEKHAR DATE OF HEARING 12-01-2017 DATE OF PRONOUNCEMENT 18 -01-2017 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (EXEMPTIONS) , HYDERABAD, DATED 29/01/2016 FOR AY 2015-16. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT THE ASSES SEE, A SOCIETY REGISTERED UNDER THE SOCIETY OF REGISTRATION ACT, 2 001 VIDE REGISTRATION NO. 665/2014, DATED 13/08/2014, SUBMIT TED AN APPLICATION IN FORM NO. 10A ON 23/07/2015 SEEKING REGISTRATION U/S 12AA OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT). CIT(E) N OTICED THAT THE ASSESSEE HAS NOT GOT REGISTERED THE AMENDED CLAUSES , INTER-ALIA, AMENDMENT AND WINDING UP CLAUSES WITH REGISTRAR OF SOCIETIES, AFTER PASSING THE RESOLUTION. CONSIDERING THE ABOVE DEFEC TS, THE CIT(E) 2 ITA NO. 452 /HYD/2016 TELANGANA STATE LIVESTOCK DEVELOPMENT AGENCY, HYD. REFUSED TO GRANT REGISTRATION U/S 12AA OF THE ACT A ND ACCORDINGLY, APPLICATION OF THE ASSESSEE IS REJECTED. 3. AGGRIEVED WITH THE ABOVE, ASSESSEE FILED AN APPE AL BEFORE US. 4. SUBSEQUENTLY, THE ASSESSEE REGISTERED THE AMENDE D CLAUSES BEFORE THE REGISTRAR OF SOCIETIES AND GOT AMENDED. IN CONSEQUENT TO THE AMENDED MEMORANDUM OF ASSOCIATION (MOA), ASSESS EE HAS FILED FRESH APPLICATION IN FORM 10A ON 29/03/2016. AFTER CONSIDERING THE AMENDED MOA, CIT(E) HAS GRANTED THE REGISTRATION TO THE SOCIETY WITH EFFECT FROM 29/03/2016. 5. LD. AR OF THE ASSESSEE SUBMITTED THAT ASSESSEE W AS REGISTERED AND COMMENCED ITS OPERATION WITH EFFECT FROM 13/08/ 2014 AND IT FILED FORM 10A WITHIN ONE YEAR FROM THE DATE OF STARTING OF THE SOCIETY AS PER THE PROVISIONS OF THE ACT. HE CONTENDED THAT TH E CIT(E) SHOULD HAVE GRANTED REGISTRATION TO THE SOCIETY FROM THE D ATE OF COMMENCEMENT OF THE SOCIETY AND NOT FROM THE DATE O F APPLICATION. HE REQUESTED THE BENCH TO PASS AN ORDER IN LINE WITH H IS SUBMISSIONS. 6. LD. DR, ON THE OTHER HAND, SUBMITTED THAT THE AS SESSEE HAS ORIGINALLY FILED 10A FORM ON 23/07/2015 SEEKING REG ISTRATION FOR AY 2016-17 AND THE CIT(E) HAS GRANTED REGISTRATION BAS ED ON THE AMENDED FORM 10A ON 29/03/2016, WHICH WILL COVER AY 2016-17. AS SUCH, THERE IS NO GRIEVANCE TO THE ASSESSEE. HE SU BMITTED THAT AS PER THE AMENDED SECTION 12AA, ASSESSEE IS ELIGIBLE TO GET REGISTRATION FOR AY IN WHICH THE ASSESSEE MAKES APPLICATION. AS SUCH, ASSESSEE HAS MADE PROPER APPLICATION ON 29/03/2016 AND ACCOR DINGLY, CIT(E) GRANTED THE REGISTRATION WITH EFFECT FROM 29/03/201 6 GRATIOUSLY. 7. CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL FACTS ON RECORD. IT IS SEEN THAT THE ASSESSEE HAS ORIGINA LLY APPLIED FOR REGISTRATION ON 23/07/2015 IN FY 2015-16 RELEVANT T O AY 2016-17. 3 ITA NO. 452 /HYD/2016 TELANGANA STATE LIVESTOCK DEVELOPMENT AGENCY, HYD. SUBSEQUENTLY, ASSESSEE HAS AMENDED THE CLAUSES WITH THE REGISTRAR OF SOCIETIES AND FILED PROPER MOA ALONG WITH FRESH FORM 10A ON 29/03/2016, THE DATE OF WHICH ALSO FALLS IN FY 2015 -16. ACCORDINGLY, CIT(E) HAS GRANTED THE REGISTRATION WITH EFFECT FRO M 29/03/2016 AND AS SUCH, THE ASSESSEE WILL GET BENEFIT WITH EFFECT FROM AY 2016-17. AS PER THE PROVISION ASSESSEE WOULD HAVE GOT THE SAME BENEFIT IF THE APPLICATION ORIGINALLY FILED WAS ACCEPTED BY THE DE PARTMENT. IN OUR CONSIDERED VIEW, ASSESSEE HAS GOT THE REGISTRATION FOR THE AY IN WHICH IT SHOULD HAVE GOT IF THE APPLICATION ALSO GO T ACCEPTED AS THERE IS NO GRIEVANCE EMANATE FROM THE RECORD. HENCE, CON SIDERING THE GRANT OF REGISTRATION TO THE ASSESSEE ON 19/09/2016 WITH EFFECT FROM 29/03/2016, APPEAL FILED BY THE ASSESSEE BECOMES IN FRUCTUOUS. ACCORDINGLY, THE APPEAL FILED BY THE ASSESSEE IS DI SMISSED AS INFRUCTUOUS. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 18 TH JANUARY, 2017. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHM AN) JUDICIAL MEMBER A CCOUNTANT MEMBER HYDERABAD, DATED: 18 TH JANUARY, 2017 KV COPY TO:- 1) TELANGANA STATE LIVESTOCK DEVELOPMENT AGENCY, D. NO. 10-2-289/127, SHANTHI NAGAR, MASAB TANK, HYD-500 028 2) CIT (EXEMPTIONS), HYDERABADF 3) ITO (EXEMPTIONS), WARD 3, HYDERABAD 4) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD. 5) GUARD FILE