Sathguru Sri Narayana Teertha Trust, Guntur V. CIT, Guntur

ITA 89/VIZ/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7040 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 11-02-2010
• Assessment Year: misc
• Appeal Filed On: 27-02-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH
• Keywords: Set aside
• Section: 80G; 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO.89/VIZAG/2009 ASSESSMENT YEAR: NA SATHGURU SRI NARAYANA TEERTHA TRUST GUNTUR CIT GUNTUR (APPELLANT) VS. (RESPONDENT) PAN NO.AABTN 0662L APPELLANT BY: SHRI G.V.N. HARI, CA RESPONDENT BY: SHRI G.S.S. GOPINATH, DR ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT REJECTING THE APPLICATION FOR EXEMPTION U/S 80G OF THE I.T. ACT. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE FACT THAT CIT HAS ALSO REJECTED REGISTRATION U/S 12A OF THE ACT AGAINST WHICH ASSESSEE HAD PREFERRED AN APPEAL BEFORE THE T RIBUNAL AND TRIBUNAL HAS SET ASIDE THE ORDER OF THE CIT AND RESTORED THE MAT TER BACK TO HIM FOR RE- ADJUDICATION OF THE ISSUE AND ALSO TO GRANT REGISTR ATION IF HE IS SATISFIED THAT ASSESSEE HAS COMPLIED WITH OTHER PROVISIONS SPECIFI ED IN THIS REGARD. SINCE APPLICATION FOR REGISTRATION IS SUBJUDICE BEFORE TH E CIT FOR ITS ADJUDICATION, THE REQUEST FOR EXEMPTION U/S 80G BE ALSO AGAIN CONSIDE RED BY THE CIT IN THE INTEREST OF JUSTICE. COPY OF THE ORDER OF THE TRIB UNAL IS PLACED ON RECORD. THE LD. D.R. DID NOT RAISE MUCH OBJECTION TO THE SUBMIS SIONS OF THE ASSESSEES. 2. FROM A CAREFUL PERUSAL OF THE ORDER OF THE TRIBU NAL PASSED WITH REGARD TO THE REGISTRATION U/S 12A AND WE FIND THAT TRIBUN AL HAS SET ASIDE THE ORDER OF THE CIT AND RESTORE THE MATTER TO HIS FILE FOR I TS RE-ADJUDICATION. IN THE SAME LINE, WE SET THE ORDER OF THE CIT PASSED WITH REGARD TO THE EXEMPTION U/S 80G OF THE I.T. ACT AND RESTORE THE MATTER TO H IS FILE FOR RE-ADJUDICATIONS OF THE ISSUE AFTER AFFORDING AN OPPORTUNITY OF BEIN G HEARD TO THE ASSESSEES. 2 WE ALSO DIRECT THE ASSESSEE TO PLACE RELEVANT EVIDE NCE WHICH ENTITLE HIM FOR EXEMPTION U/S 80G OF THE ACT. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. P RONOUNCED IN THE OPEN COURT ON 02.03.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 02 ND MARCH, 2010 COPY TO 1 SHRI CH. GANAPATHI, SATHGURU SRI NARAYANA TEERTHA TRUST, D.NO.5-37-172, 4/12, BRODIPET, GUNTUR-522 002. 2 THE ITO, WARD-2(2), MAIN ROAD, LAKSHMIPURAM, GUNT UR 3 THE CIT, GUNTUR 4 THE CIT(A), GUNTUR 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM