Rajiv Vastupal Foundation(Trust), Ahmedabad V. The DIT(Exemp), Ahmedabad

ITA 820/AHD/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67872 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-10-2013
• Assessment Year: misc
• Appeal Filed On: 20-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P VAISHNAV
• Assessee Lawyers: PF JAIN
• Section: 80G

Judgement Text

ITA NO 820/AHD/2013 . A.Y. N.A. 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD (BEFORE SHRI D.K. TYAGI, J.M. & SHRI ANIL CHATURVE DI, A.M.) I.T. A. NO. 820/AHD/2013 (ASSESSMENT YEAR: N.A.) RAJIV VASTUPAL FOUNDATION (TRUST) RAJIV HOUSE, 4, SMRUTIKUNJ SOCIETY, NAVRANGPURA, AHMEDABAD 380009 V/S DIRECTOR OF INCOME-TAX. (EXEMPTION), AHMEDABAD (APPELLANT) ( RESPONDENT) PAN: AACTS 5287 K APPELLANT BY : SHRI P.F. JAIN RESPONDENT BY : SHRI O.P. VAISHNAV, CIT D.R. ( )/ ORDER DATE OF HEARING : 24-10-201 3 DATE OF PRONOUNCEMENT : 31 -10-2013 PER SHRI ANIL CHATURVEDI,A.M. 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF D.I.T(E), AHMEDABAD DATED 29.01.2013. 2. THE FACTS AS CULLED OUT FROM THE MATERIAL ON RECOR D ARE AS UNDER. ITA NO 820/AHD/2013 . A.Y. N.A. 2 3. ASSESSEE A TRUST, MADE AN APPLICATION FOR RECOGNITI ON FOR EXEMPTION U/S. 80G(5) OF THE ACT BEFORE DIRECTOR OF INCOME-TAX(E). DIT(E) ON PERUSING THE TRUST DEED OF THE ASSESSEE INTERALIA WAS OF THE VIE W THAT THE TRUST DEED DID NOT HAVE A CLAUSE WHICH INDICATED THAT THE TRUST CANNOT BE DISSOLVED AND IT IS PERPETUAL. HE WAS FURTHER OF THE VIEW THAT AS PER T HE PROCEDURE OF BOMBAY PUBLIC TRUST ACT, IN CASE THE ACTIVITIES OF THE TRU ST CANNOT BE CARRIED OUT, THE ASSETS HAVE TO BE TRANSFERRED TO ANOTHER TRUST CARR YING ON SIMILAR ACTIVITIES. IN THE CASE OF ASSESSEE, SINCE THERE WAS NO SUCH CL AUSE IN THE DEED, DIT(E) DENIED THE APPROVAL U/S. 80G OF THE ACT. AGGRIEVED BY THE ORDER OF DIT(E), THE ASSESSEE IS NOW IN APPEAL BEFORE US. 4. BEFORE US AT THE OUTSET, THE LD. A.R. SUBMITTED THA T THE TRUST DEED INDEED CONTAINED A CLAUSE WHEREIN IT WAS STATED THAT THE A DMINISTRATION OF THE TRUST CAN BE HANDED OVER TO OTHER INSTITUTION/GOVT. HAVIN G SIMILAR OBJECTS. HE PLACED ON RECORD THE FREE ENGLISH TRANSLATION OF CL AUSE 24 OF THE TRUST DEED. HE THEREFORE THAT THE ASSESSEE BE GRANTED APPROVAL U/S 80G. THE LD. D.R. ON THE OTHER HAND SUPPORTED THE ORDER OF DIT(E). 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT DIT(E) REFUSED THE REGISTRATION TO THE TR UST FOR THE REASON THAT THERE WAS NO CLAUSE WITH RESPECT TO TRANSFERRING THE ASSE TS ON THE TRUST BEING DISSOLVED. WE ALSO FIND THAT THE LD. A.R. HAS SUBMI TTED THAT THE AFORESAID CLAUSE WITH RESPECT TO TRANSFER OF ASSETS ON DISSOL UTION OF TRUST EXISTS IN THE TRUST DEED OF THE ASSESSEE AND FOR WHICH IT PLACED THE TRANSLATED COPY OF RECORD. IN VIEW OF THE AFORESAID FACTS, WE ARE OF THE VIEW THAT IN THE INTEREST OF FAIR PLAY AND JUSTICE THE MATTER NEEDS EXAMINATI ON DE NOVO AT THE END OF DIT(E). WE THEREFORE SET ASIDE THE MATTER TO THE FI LE OF DIT(E) FOR FRESH ITA NO 820/AHD/2013 . A.Y. N.A. 3 EXAMINATION AT HIS END AND THEREAFTER TO DECIDE TH E MATTER AS PER LAW AND AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE. WE ALSO DIRECT THE ASSESSEE TO FURNISH ALL THE REQUIRED DETAILS CALLED BY DIT(E) PROMPTLY AND THUS THIS GROUND OF ASSESSEE IS ALLOWED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 31 - 10 - 2013. SD/- SD/- (D.K. TYAGI) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDA BAD