M.M. Lal Charitable Foundation, New Delhi V. DIT (E), New Delhi

ITA 710/DEL/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 4130 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 16-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S SAHOTA
• Section: 12A; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E: NEW DELHI BEFORE SHRI C.L. SETHI, JUDICIAL MEMBER & SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO. 710/DEL/2010 M.M. LAL CHARITABLE FOUNDATION 2, PANCHSHEEL MARG, CHANKYA PURI, NEW DELHI VS. DIRECTOR OF INCOME TAX (EXEMPTION) PLOT NO. 15, 3 RD FLOOR, AAYKAR BHAWAN, LAXMI NAGAR DISTRICT CENTRE, NEW DELHI APPELLANT RESPONDENT APPELLANT BY : SHRI RAJESH KUM AR, AR RESPONDENT BY : SHRI G.S. SAHOTA, SR. DR O R D E R PER: C.L. SETHI, J.M. THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DATED 22.12.2009 U/S. 12AA(1)(B) READ WITH SECTION 12A OF THE INCOME TAX ACT, 1961 (THE ACT) PASSED BY THE DIRECTOR OF INCOME TAX (EXEMPTION), DELHI, I N THE MATTER OF AN APPLICATION SEEKING REGISTRATION U/S. 12A OF THE ACT. 2. THE ASSESSEES APPLICATION FOR REGISTRATION U/S. 12A OF THE ACT HAS BEEN REJECTED BY THE DIRECTOR OF INCOME TAX (EXEMPTION) BY OBSERVING THAT SINCE NO ACTIVITIES WERE CARRIED OUT BY THE ASSESSEE TRUST, THE GENUINENESS OF THE ACTIVITIES OF THE TRUST COULD NOT BE ESTABLISHED AND, THEREFORE, ONE OF THE CONDITIONS FOR GRANTING REGISTRATION U/S. 12AA REMAINED UNSATISFIED. 3. HENCE, THE ASSESSEE IS IN APPEAL BEFORE US. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. 5. IN THE COURSE OF HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE HAS POINTED OUT THAT THE ASSESSEE HAS CARRIED OUT CERTA IN ACTIVITIES IN FURTHERANCE TO THE ITA NO. 710/DEL/2010 PAGE 2 OF 2 OBJECT OF THE TRUST AND CONSEQUENTLY, THE ASSESSEE HAS FILED A FRESH APPLICATION BEFORE THE CIT(A) FOR HIS RECONSIDERATION. IN THE LIGHT OF THE STATEMENT SO MADE BY THE LD. COUNSEL FOR THE ASSESSEE, WE FIND IT FIT TH AT THIS MATTER SHOULD GO BACK TO THE DIRECTOR OF INCOME TAX (EXEMPTION) FOR HIS FRESH CO NSIDERATION AND ADJUDICATION AS PER LAW AND IN THE LIGHT OF THE PROVISIONS CONTA INED U/S. 12A READ WITH SECTION 12AA OF THE ACT. THE ASSESSEE SHALL PRODUCE BEFORE THE DIRECTOR OF INCOME TAX (EXEMPTION) THE NECESSARY EVIDENCES AND DETAILS TO SATISFY THE DIRECTOR OF INCOME TAX (EXEMPTION) THAT THE ASSESSEE IS ENTITLED FOR R EGISTRATION U/S. 12A OF THE ACT. WE ORDER ACCORDINGLY. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED TO BE ALLOWED FOR STATISTICAL PURPOSE. 7. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT I MMEDIATELY AFTER THE HEARING WAS OVER ON 19 TH APRIL, 2010. SD/- (SHAMIM YAHYA ) ACCOUNTANT MEMBER SD/- (C.L. SETHI) JUDICIAL MEMBER DATED: 19 TH APRIL, 2010 *NITASHA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. BY ORDER DEPUTY REGISTRAR