Kayamkulam Ideal Trust, Kayamkulam V. CIT, Kottayam

ITA 764/COCH/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 73866 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 29-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR
• Section: 12AA

Judgement Text

1 ITA NO.764/COCH/2013 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKA RAN(AM) I.T.A NO. 764/COCH/2013 KAYAMKULAM IDEAL TRUST VS THE CIT, KOTTAYAM KAREELAKULANGARA PO KAYAMKULAM PAN : AACTK1541Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ARUN RAJ S RESPONDENT BY : SMT. LATHA V KUMAR DATE OF HEARING : 29-01-2014 DATE OF PRONOUNCEMENT : 31S-01-2014 O R D E R PER N.R.S. GANESAN (JM) THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE ADMINISTRATIVE COMMISSIONER DATED 24-09-2013 REJECT ING THE APPLICATION OF THE ASSESSEE FOR REGISTRATION U/S 12AA OF THE ACT. 2. SHRI S ARUN RAJ, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASESSEE FILED AN APPLICATION BEFORE THE ADMINISTRAT IVE COMMISSIONER FOR REGISTRATION OF THE TRUST U/S 12AA OF THE ACT. THE COMMISSIONER PLACING RELIANCE ON THE SUB CLAUSE (E) OF CLAUSE 12 OF THE TRUST DEED WHICH WAS 2 ITA NO.764/COCH/2013 DELETED BY AN AMENDMENT CAME TO THE CONCLUSION THAT THE TRUST HAS POWER TO CARRY ON COMMERCE, BUSINESS, ETC. ACCORDING TO THE LD.COUNSEL, THE AMENDED TRUST DEED WAS PRODUCED BEFORE THE ADMINIST RATIVE COMMISSIONER. HOWEVER, HE FAILED TO CONSIDER THE S AME. ONCE SUB CLAUSE (E) OF CLAUSE 12 WAS DELETED FROM THE TRUST DEED, T HE ADMINISTRATIVE COMMISSIONER IS NOT JUSTIFIED IN PLACING RELIANCE O N A CLAUSE WHICH WAS NOT IN EXISTENCE. 3. WE HEARD SHRI M ANIL KUMAR, THE LD.DR ALSO. THE LD.DR SUBMITTED THAT IF SUB CLAUSE (E) OF CLAUSE 12 WAS DELETED FRO M THE TRUST DEED, THE ADMINISTRATIVE COMMISSIONER MAY BE DIRECTED TO RECO NSIDER THE MATTER AFRESH. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ASSE SSEE CLAIMS THAT THE AMENDED TRUST DEED WAS FILED BEFORE THE ADMINISTRAT IVE COMMISSIONER WHEREIN SUB CLAUSE (E) OF CLAUSE 12 WAS DELETED BY AN AMENDMENT. THOUGH THIS FACT WAS BROUGHT TO THE NOTICE OF THE A DMINISTRATIVE COMMISSIONER, PRESUMABLY THROUGH OVERSIGHT, THE ADM INISTRATIVE COMMISSIONER OMITTED TO CONSIDER THE SAME. THEREFO RE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE ADMINISTRATIVE COMM ISSIONER SHALL RECONSIDER THE ISSUE AFTER CONSIDERING THE AMENDED TRUST DEED BEFORE 3 ITA NO.764/COCH/2013 TAKING A DECISION ON THE APPLICATION FILED BY THE A SSESSEE. ACCORDINGLY, THE ORDER OF THE ADMINISTRATIVE COMMISSIONER IS SET ASI DE AND THE ISSUE OF REGISTRATION U/S 12AA OF THE ACT IS REMITTED BACK T O THE FILE OF THE ADMINISTRATIVE COMMISSIONER. THE ADMINISTRATIVE CO MMISSIONER SHALL RECONSIDER THE ISSUE OF REGISTRATION U/S 12AA AFTER CONSIDERING THE SO- CALLED AMENDED TRUST DEED AND THEREAFTER DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW AFTER GIVING OPPORTUNITY OF HEA RING TO THE ASSESSEE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST JANUARY, 2014. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 31 ST JANUARY, 2014 PK/- COPY TO: 1. KAYAMKULAM IDEAL TRUST, KAREELAKULANGARA P.O., K AYAMKULAM 690 572 2. CIT, KOTTAYAM 3. THE COMMISSIONER OF INCOME-TAX, KOTTAYAM 4. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH