PVR Charitable Trust, Hyderabad V. Commissioner of Income Tax, (Exemption), Hyderabad

ITA 515/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9444 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: misc
• Appeal Filed On: 15-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: ANAM SIDDIQUI
• Keywords: Charitable institution
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 515/HYD/2018 PVR CHARITABLE TRUST, HYDERABAD [PAN: AACTD6883G] VS COMMISSIONER OF INCOME TAX (EXEMPTIONS), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : M/S. ANAM SIDDIQUI, AR FOR REVENUE : SHRI Y.V.S.T.SAI, CIT-DR DATE OF HEARING : 18-02-2021 DATE OF PRONOUNCEMENT : 15-03-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL ARISES FROM THE CIT(EXEMPTION S)- HYDERABADS ORDER DATED 29-12-2017 PASSED IN CASE NO.CIT(E)/HYD/41(06)/12A&80G/2017-18 IN PROCEEDINGS U/S. 12AA(1)(B)(II) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE CIT(EXEMPTIONS)S ORDER UNDER CHALLENGE HAS DECLINED THE ASSESSEES SE CTION 12AA REGISTRATION AFTER RECORDING ITS FAILURE TO PRODUC E THE ORIGINAL TRUST DEED AS WELL AS AIMS, OBJECTS AND ACTIV ITIES FOR THE PURPOSE OF FORMERS FACTUAL VERIFICATION. ITA NO. 515/HYD/2018 :- 2 -: 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE TH AT THE HON'BLE APEX COURTS RECENT DECISION IN M/S.ANANDA SOCIAL AND EDUCATIONAL TRUST VS. CIT, CIVIL APPEAL NO(S).54 37- 5438/2012, DT.19-02-2020 HOLDS THAT COMMENCEMENT OF CHARITABLE ACTIVITY BY THE ASSESSEE CONCERNED IS NOWHE RE A MANDATORY PRE-CONDITION FOR THE PURPOSE OF GRANTING SE CTION 12AA REGISTRATION. THE FACT ALSO REMAINS THAT THE CIT(EXEMPTIONS) IN THE INSTANT CASE COULD NOT EXAMINE THE ASSESSEES TRUST DEED AND OBJECTIVES THEREIN AS TO UND ER WHICH LIMB OF SECTION 2(15) OF THE ACT, THEY FALL. 4. WE THUS, RESTORE THE ASSESSEES INSTANT CASE BACK TO TH E CIT(EXEMPTIONS) FOR FRESH EXAMINATION AS PER LAW WITHI N THREE EFFECTIVE OPPORTUNITIES OF HEARING. THE ASSESSEE OR I TS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE CIT(EXEMPTIONS) ON OR BEFORE 31-07-2021 ALONG WITH TH E NECESSARY COGENT EVIDENCE; AT ITS OWN RISK AND RESPONS IBILITY. 5. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 15-03-2021 TNMM ITA NO. 515/HYD/2018 :- 3 -: COPY TO : 1.PVR CHARITABLE TRUST, FLAT NO.101, PRIYA ARCADE, 8-3-826/827, YELLAREDDYGUDA, SRINAGAR COLONY, HYDERABAD. 2.THE COMMISSIONER(EXEMPTIONS), HYDERABAD. 3.THE ADDL.CIT(EXEMPTIONS)-HYDERABAD. 4.D.R. ITAT, HYDERABAD. 5.GUARD FILE.