JASWANT SINGH MEMORIAL TRUST, Jaipur V. CIT-II, Jaipur

ITA 646/JPR/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5161 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 01-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KALIKA SINGHCIT DHK
• Assessee Lawyers: K L MOOLCHANDAN I
• Section: 12AA

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 646/JP/13 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : TH. JASWANT SINGH MEMORIAL TRUST, 301, VENKATESHWARA COMPLEX, CENTRAL SPINE VIDHYADHAR NAGAR, JAIPUR CUKE VS. THE COMMISSIONER OF INCOME TAX-II, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AACTT 0852 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI K.L. MOOLCHANDANI (C.A.) JKTLO DH VKSJ LS@ REVENUE BY : SHRI KALIKA SINGH(CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 17.06.2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22/06/2016. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX-II, JAIPUR DATED 29.04.2 013 DENYING THE APPELLANT REGISTRATION U/S 12AA OF THE I.T. ACT. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT THE APPEL LANT TRUST WAS CONSTITUTED ON 18.01.2012 AND IT HAS FILED AN APPLICATION SEEKI NG REGISTRATION U/S 12AA OF THE ACT ON 15.10.2012. THE LD. CIT NOTED THAT THE APPELLANT IS RUNNING A PRE- PRIMARY SCHOOL IN THE NAME OF ANGLES HUB AND A DISTANCE EDUCATION CENTRE IN COLLABORATION WITH JYOTI VIDHYA PEETH W OMEN UNIVERSITY AND THE ACADEMIC YEAR 2013-14 WILL BE THE FIRST ACADEMIC YE AR OF THE PRE-PRIMARY SCHOOL AND DISTANCE EDUCATION CENTRE. FURTHER ON P ERUSAL OF THE OBJECTS OF THE TRUST DEED, THE LD. CIT NOTED THAT THE OBJECTS SPEC IFIED AT SL. NO. 6 AND 27 OF THE TRUST DEED AUTHORISED THE TRUST TO CARRY OUT ACTIVI TIES ACROSS THE WORLD. SINCE THE OBJECTS OF THE APPELLANT TRUST ALLOWS THE TRUST TO CARRY OUT THE ACTIVITIES ITA NO. 646/JP/13 TH. JASWANT SINGH MEMORIAL TRUST, JAIPUR VS. CIT-II , JAIPUR 2 OUTSIDE INDIA AND APPLY ITS INCOME OUTSIDE INDIA, T HERE IS VIOLATION OF PROVISIONS OF SECTION 11(1)(C) AND BASED ON THE SAME, THE LD. CIT HELD THAT THE TRUST IS NOT ELIGIBLE FOR REGISTRATION U/S 12AA OF THE ACT. HENC E THE APPELLANTS APPLICATION WAS REJECTED AND IS BEFORE US AGAINST SUCH REJECTIO N OF ITS APPLICATION. 2.1 DURING THE COURSE OF HEARING, THE LD. AR SUBMIT TED THAT THE APPELLANT TRUST HAS ALREADY MODIFIED THE RELEVANT CLAUSES 6 & 27 OF THE TRUST DEED VIDE RESOLUTION DATED 24.04.2013 WHEREBY THE ACTIVITIES OF THE TRUST WILL NOT BE CARRIED OUT OUTSIDE OF INDIA. THE LD. AR FURTHER S UBMITTED THAT THE MATTER MAY BE REMANDED BACK TO THE FILE OF THE LD. CIT IN ORDE R TO EXAMINE THE NECESSARY MODIFICATION IN THE OBJECTS OF THE TRUST DEED WHERE BY THE ACTIVITIES OF THE TRUST SHALL BE RESTRICTED TO ACTIVITIES WITHIN INDIA. 2.2 THE LD. DR SUBMITTED THAT WHERE THE APPELLANT H AS CARRIED OUT THE NECESSARY MODIFICATION IN THE TRUST DEED, THE SAME NEEDS TO BE VERIFIED AND HE HAS NO OBJECTION IF THE MATTER IS REMANDED BACK TO THE FILE OF LD. CIT. 2.3 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. GIVEN THAT THE ASSESSEE HAS CARRIED OUT NECESSARY MODIFICATION IN ITS TRUST DEED WHEREBY THE TRUST SHALL NOT CARRY O UT ANY ACTIVITIES OUTSIDE INDIA, WE HEREBY SET-ASIDE THE MATTER TO THE FILE OF THE L D. CIT TO EXAMINE THE NECESSARY MODIFICATION IN THE TRUST DEED AS CLAIMED BY THE APPELLANT AND WHERE THE MODIFICATIONS ARE FOUND TO BE IN ORDER, T HE LD. CIT IS DIRECTED TO GRANT NECESSARY REGISTRATION U/S 12AA OF THE ACT. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 22/ 06 /2016. SD/- SD/- (KUL BHARAT) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR ITA NO. 646/JP/13 TH. JASWANT SINGH MEMORIAL TRUST, JAIPUR VS. CIT-II , JAIPUR 3 DATED:- 22 / 06 /2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- TH. JASWANT SINGH MEMORIAL TRUST, JA IPUR 2. IZR;FKHZ@ THE RESPONDENT- THE COMMISSIONER OF INCOME TAX-II, JAIPUR 3. VK;DJ VK;QDR@ CIT II, JAIPUR 4. VK;DJ VK;QDRVIHY@ THE CIT(A)-II, JAIPUR 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.646 /JP/2013) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR.