HADI FOUNDATION, MUMBAI V. COMMISSIONER OF INCOME TAX (EXEMPTION), MUMBAI

ITA 7064/MUM/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7311 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2017-2018
• Appeal Filed On: 12-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: FIROZE ANDHYARUJINA
• Section: 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE S/ SHRI B.R.BASKARAN (AM) & AMARJIT SINGH (JM) I.T.A. NO. 7064 /MUM /20 1 7 HADI FOUNDATION S.A. KANJI & CO. 206, REWA CHAMBERS SIR THACKERSAY MARG NEW MARINE LINES MUMBAI - 400 020. PAN : AACTT1 703B VS. CIT(EXEMPTION) 6 TH FLOOR PIRAMAL CHAMEBRS LALBAUG MUMBAI - 400012 ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI FIROZE ANDHYARUJINA DEPARTMENT BY SHRI RAHUL RAMAN DATE OF HEARING 2 . 5 . 201 8 DATE OF PRONOUNCEMENT 2 . 5 . 201 8 O R D E R PER B.R. BASKARAN (A M) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 31.10.2017 PASSED BY THE LEARNED CIT(EXEMPTION) REJECTING THE APPLICATION FILED BY THE ASSESSEE SEEKING REGISTRATION U/S. 12A OF THE INCOME TAX ACT. 2. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE ASSESSEE IS A TRUST CONSTITUTED BY A TRUST DEED DATED 17.7.2011. IT FILED AN APPLICATION SEEKING REGISTRATION U/S.12A OF THE ACT ON 26.4.2017. THE LEARNED CIT ASKED THE ASSESSEE TO FURNISH CERTAIN DETAILS LIKE NAMES AND IDENTITY OF THE BENEFICIARY OF THE TRUST MONEY, VOUCHERS, BILLS OF EXPENDITURE IN SUPPORT OF THE APPLICATION OF INCOME ETC. AS THE ASSESSEE FAILED TO FURNISH THE DETAILS CALLED FOR BY THE LEARNED CIT, HE TOOK THE VIEW THAT THE ASSESSEE - TRUST HAS NOT BEEN ABLE TO ESTABLISH GENUINENESS OF EXPENDITURE TOWARDS OBJECTIVE OF THE TRUST AS WELL AS GENUINENESS OF ITS ACTIVITY. ACCORDINGLY, THE LEARNED CIT REJECTED THE APPLICATION FILED BY THE ASSESSEE SEEKING REJECTION U/S. 12A OF THE ACT. AGGRIEVED, THE A SSESSEE HAS FILED THIS APPEAL BEFORE US. HADI FOUNDATION 2 3. WE HEARD THE PARTIES AND PERUSED THE RECORD. EVEN THOUGH, LEARNED AR ARGUED THAT THE DETAILS RELATING TO APPLICATION OF INCOME ARE REQUIRED TO BE EXAMINED BY THE ASSESSING OFFICER DURING THE COURSE OF ASSESSMENT PROCEEDINGS, YET HE AGREED TO FURNISH DETAILS THAT WERE CALLED FOR BY THE LEARNED CIT, WHEN IT WAS POINTED OUT TO HIM THAT THE GENUINENESS OF THE ACTIVIT IES CARRIED OUT BY THE ASSESSEE CAN BE ASCERTAINED ONLY BY EXAMINING RELEVANT VOUCHERS. ACCORDINGLY, I T WAS PROPOSED TO RESTORE THIS ISSUE TO THE FILE OF THE LEARNED CIT FOR EXAMINING THE APPLICATION OF THE ASSESSEE AFRESH. BOTH THE PARTIES A GREED TO THE SAME. ACCORDINGLY, WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT AND RESTORE THE ISSUE TO HIS FILE F OR EXAMINING THE APPLICATION OF THE ASSESSEE AFRESH. THE ASSESSEE IS ALSO DIRECTED TO FURNISH ALL DETAILS THAT MAY BE CALLED FOR BY THE LEARNED CIT IN THIS REGARD. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPO SES. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 2 . 5 .201 8 . SD/ - SD/ - (AMARJIT SINGH ) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATE D : 2 / 5 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI