Sri Talpagiri Ranganadha Swamy Temple, Nellore, Hyderabad V. CIT(Exemptions), Hyd, Hyderabad

ITA 473/HYD/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5984 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 25-08-2016
• Assessment Year: misc
• Appeal Filed On: 04-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIBENDU MOHARANA
• Assessee Lawyers: K A SAI PRASAD
• Section: 12AA; 12; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA.NO.473/HYD/2016 SRI TALPAGIRI RANGANATHASWAMY TEMPLE, RANGANAYAKULAPETA, NELLORE. PAN AAAJS4284L VS., CIT (EXEMPTIONS) HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE : MR. K.A. SAI PRASAD FOR REVENUE : MR. SIBENDU MOHARANA DATE OF HEARING : 25.08.2016 DATE OF PRONOUNCEMENT : 07.12.2016 ORDER SHRI D. MANMOHAN, V.P. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER PASSED BY THE CIT (EXEMPTIONS), HYDERABAD. AS COULD B E NOTICED FROM THE SAID ORDER, THE LEARNED COMMISSIONER ADMITTED THAT TH E APPLICATION FOR REGISTRATION WAS ADDRESSED BY THE ASSESSEE ON 29.0 3.2011 AND ACCORDINGLY HE GRANTED REGISTRATION UNDER SECTION 12AA OF THE ACT FROM 29.03.2011. ACCORDING TO HIM, THE APPLICATION HAVING B EEN FILED ON 29.03.2011 IT WOULD BE EFFECTIVE ONLY FROM THE SAID DA TE AND NOT FROM THE BEGINNING OF THE F.Y. 2010-2011. 2. ON THE OTHER HAND, THE CASE OF THE ASSESSEE IS THAT AS PER SECTION 12AA(2) OF THE I.T. ACT IF AN APPLICATION IS MA DE ON OR AFTER 1 ST DAY OF JUNE, 2007 THE PROVISIONS OF SECTIONS 11 AND 1 2 SHALL APPLY IN RELATION TO THE INCOME OF SUCH TRUST/INSTITUTION FROM THE ASSESSMENT YEAR IMMEDIATELY FOLLOWING THE FINANCIAL YEAR IN WHI CH SUCH APPLICATION 2 ITA.NO.473/HYD/2016 SRI TALPAGIRI RANGANATHA SWAMY TEMPLE, RANGANAYAKULAPETA, NELLORE. IS MADE AND ON A PLAIN READING OF THE SAID SUB-CLAUS E (2) THE ASSESSEE IS ENTITLED TO GET THE BENEFIT OF REGISTRATION W.E.F. 01.04 .2010, BEING THE FINANCIAL YEAR IN WHICH THE APPLICATION WAS MADE. 3. SINCE THE COMMISSIONER (EXEMPTIONS) WAS OF THE VIE W THAT THE REGISTRATION UNDER SECTION 12AA WILL BE EFFECTIVE O NLY FROM 29.03.2011, AN APPEAL WAS PREFERRED BEFORE THE TRIBU NAL CONTENDING, INTER ALIA, THAT THE ASSESSEE IS ENTITLED TO THE BENEFIT OF REGISTRATI ON W.E.F. 01.04.2010. RELIANCE WAS PLACED UPON THE FOLLOWING DECISIONS IN SUPPORT OF ITS CONTENTION THAT THE BENEFIT OF REGISTRATION SHOULD BE AVAILABLE WITH EFFECT FROM THE FIRST DAY OF FINANCIAL Y EAR IN WHICH THE APPLICATION WAS FILED. (I) ANDHRA PRADESH POLLUTION CONTROL BOARD, HYDERABAD VS. DIT (EXEMPTIONS), HYDERABAD IN ITA.NO.1481/HYD/2014 DATE D 21.01.2015. (II) CHOTAK SINGH MEMORIAL SOCIETY, LUCKNOW VS. ITO (TECH .) O/O. CIT-II, LUCKNOW IN ITA.NO.502/LUC./2010 DATED SEPTEMBER 07 TH , 2010. (III) SHANTHA & RAJA B. SINGH FOUNDATION, MUMBAI VS. DIT ( E), MUMBAI IN ITA.NO.2272/MUM./2012 DATED 30.04.2013. 4. ON THE OTHER HAND, THE LD. D.R. RELIED ON THE ORD ER PASSED BY THE COMMISSIONER (EXEMPTIONS). 5. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS AND PERUSED THE RECORD. AN IDENTICAL ISSUE WAS CONSIDERED BY THE ITAT A BENCH, HYDERABAD IN THE CASE OF A.P. POLLUTION CONTROL BOARD (SUPRA) WHEREIN THE BENCH OBSERVED THAT THE PROVISIONS OF SECTIO NS 11 AND 12 OF THE ACT WOULD APPLY TO THE ASSESSEE FOR THE FINANCIAL YEAR IN WHICH THE APPLICATION WAS FILED, ONCE REGISTRATION IS GRANTED BY THE COMMISSIONER. CONSISTENT WITH THE VIEW TAKEN THEREIN, WE ARE OF THE 3 ITA.NO.473/HYD/2016 SRI TALPAGIRI RANGANATHA SWAMY TEMPLE, RANGANAYAKULAPETA, NELLORE. VIEW THAT THE ASSESSEE IS ENTITLED TO THE BENEFIT OF REGISTR ATION W.E.F. 01.04.2010, BEING THE FINANCIAL YEAR IN WHICH THE APP LICATION WAS MADE AND IT SHOULD NOT BE RESTRICTED TO THE DATE OF APPLICATIO N I.E., 29.03.2011. IN PURSUANCE WITH THE VIEW TAKEN BY THE IT AT (SUPRA), WE ACCEPT THE PLEA OF THE ASSESSEE AND DIRECT THE A.O. ACC ORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH DECEMBER, 2016. SD/- SD/- (S.RIFAUR RAHMAN) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD, DATED 07 TH DECEMBER, 2016. VBP/- COPY TO 1. SRI TALPAGIRI RANGANATHASWAMY TEMPLE, RANGANAYAKU LAPETA, NELLORE C/O. SHRI CH. PARTHASARATHY & CO., 1-1-298/2/ B/3, 1 ST FLOOR, SOWBHAGYA AVENUE, STREET NO.1, ASHOK NAGAR, HY DERABAD 20. 2. COMMISSIONER OF INCOME TAX (EXEMPTIONS), 5 TH FLOOR, POSNETI BHAVAN, RAMKOTI, HYDERABAD 500 001. 3. JCIT, NELLORE RANGE, NELLORE. 4. THE INCOME TAX OFFICER, WARD-3, NELLORE. 5. D.R. ITAT A BENCH, HYDERABAD. 6. GUARD FILE.