The Punjab Insitute of Cooperative Training Ltd., Chandigarh V. CIT(E), Chandigarh

ITA 781/CHANDI/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1096 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-11-2019
• Assessment Year: 2018-2019
• Appeal Filed On: 17-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S PHANI KISHORE
• Assessee Lawyers: SATISH KUMAR SR ACCOUNTANT
• Section: 12A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, B CHANDIGARH , ! '# $ % & '# , () BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO. 781/CHD/2019 / ASSESSMENT YEAR : 2018-19 THE PUNJAB INSTITUTE OF COOPERATIVE TRAINING LIMITED, SCO 2945-46, IIND FLOOR, SECTOR 22C, CHANDIGARH THE CIT (EXEMPTIONS), CHANDIGARH ./PAN NO: AAABT2070R / APPELLANT /RESPONDENT ! /ASSESSEE BY : SHRI SATISH KUMAR, SR. ACCOUNTANT ' ! / REVENUE BY : SHRI G.S. PHANI KISHORE, CIT DR # $ % /DATE OF HEARING : 28.11.2019 &'() % / DATE OF PRONOUNCEMENT : 28.11.2019 (* / ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE / APPELLANT AGAINST THE ORDER DATED 20.03.2019 OF THE COMMISSIO NER OF INCOME TAX (EXEMPTIONS) CHANDIGARH [HEREINAFTER REFERRED TO A S CIT(E)] AGITATING THE REJECTION OF THE APPLICATION OF THE APPELLANT INSTITUTE FOR REGISTRATION U/S 12A OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT'). ITA NO. 781/CHD/2019- THE PUNJAB INSTITUTE OF COOPERATIVE TRAINING LTD, C HANDIGARH 2 2. SHRI SANTHOSH KUMAR, SENIOR ACCOUNTANT OF THE AP PELLANT SOCIETY HAS APPEARED ON BEHALF OF THE ASSESSEE. 3. AT THE OUTSET, LD. AR OF THE ASSESSEE HAS SUBMI TTED THAT EARLIER THE APPLICATION FOR REGISTRATION OF THE ASSESSEE SO CIETY U/S 12A WAS REJECTED BY THE LD. CIT (E) VIDE ORDER DATED 25.9.2 009 AGAINST WHICH THE ASSESSEE PREFERRED APPEAL BEFORE THE ITAT. HOWEVER , THE ITAT RESTORED THE MATTER TO THE FILE OF THE CIT (E) TO DECIDE IT AFRESH VIDE ORDER DATED 9.5.2010. HOWEVER, THE LD. CIT (E) AGAIN REJECTED THE APPLICATION OF THE ASSESSEE INSTITUTE FOR REGISTRATION U/S 12A OF THE ACT. AGGRIEVED AGAINST THE SAID ORDER, THE ASSESSEE AGA IN PREFERRED APPEAL BEFORE THIS TRIBUNAL. HOWEVER, THIS TRIBUNAL VIDE ORDER DATED 10.2.2015 DISMISSED THE APPEAL OF THE ASSESSEE. THE REAFTER, THE APPLICANT SOCIETY AGAIN FILED THE APPLICATION ON 30.9.2015 SE EKING REGISTRATION U/S 12A OF THE ACT. HOWEVER, THE LD. CIT (E) OBSERVED THAT EARLIER THE APPLICATION OF THE ASSESSEE SOCIETY SINCE HAS ALREA DY BEEN DISMISSED BY THE ITAT, HE REJECTED THE PRESENT APPLICATION OF TH E ASSESSEE. NOW, BEFORE US, IT HAS BEEN SUBMITTED THAT, IN FAC T, THE ASSESSEE SOCIETY HAD MADE AMENDMENT IN ITS BYE-LAWS. THAT, T HE BYE LAWS, BECAUSE OF WHICH THE APPLICATION OF THE ASSESSEE WA S EARLIER REJECTED, HAVE BEEN AMENDED / SUBSTITUTED AND THAT NOW THE OB JECTS AND BYE-LAWS OF THE ASSESSEE CONFORM TO THE PROVISIONS OF SECTIO N 12A OF THE ACT. THAT THE LD. CIT (E) WITHOUT EXAMINING THE AMENDED BYE-LAWS OF THE ITA NO. 781/CHD/2019- THE PUNJAB INSTITUTE OF COOPERATIVE TRAINING LTD, C HANDIGARH 3 SOCIETY, REJECTED THE APPLICATION OF THE ASSESSEE S OCIETY ON THE BASIS OF THE EARLIER ORDER OF THE TRIBUNAL. IT HAS, THEREFOR E, BEEN SUBMITTED THAT THE MATTER BE RESTORED TO THE FILE OF THE CIT (E) W ITH A DIRECTION TO EXAMINE THE BYE-LAWS OF THE APPELLANT SOCIETY AND T HEN TO PASS A SPEAKING ORDER IN ACCORDANCE WITH LAW. 4. THE LD. DR, THOUGH, HAS RELIED UPON THE FINDINGS OF THE LD. CIT(E), HOWEVER, COULD NOT REBUT THE PLEA RAISED ON BEHALF OF THE ASSESSEE THAT THE LD. CIT (E) SHOULD HAVE EXAMINED THE AMENDED BYE- LAWS OF THE ASSESSEE SOCIETY. IN VIEW OF THIS, THE MATTER IS RESTORED TO THE FILE OF THE CIT (E) WITH A DIRECTION TO EXAMINE THE AMENDED BYE-LAWS OF THE ASSESSEE SOCIETY THAT IF THE AMENDED BYE-LAWS ARE FOUND TO BE IN CONFORMITY WITH THE REQUIREMENT OF THE STATUTORY PROVISIONS OF SECT ION 12A OF THE ACT, AND TO DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH L AW. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATE D AS ALLOWED FOR STATISTICAL PURPOSES ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT IMM EDIATELY ON COMPLETION OF HEARING ON 28.11.2019. SD/- SD/- ( $ % & '# / ANNAPURNA GUPTA) () / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 28.11.2019 .. ITA NO. 781/CHD/2019- THE PUNJAB INSTITUTE OF COOPERATIVE TRAINING LTD, C HANDIGARH 4 '+ ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. # / / CIT 4. # / ( )/ THE CIT(A) 5. -01 2 , % 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7$ / GUARD FILE '+ # / BY ORDER, 8 ' / ASSISTANT REGISTRAR