Navda Educationa Trust, Agra V. C.I.T.-II, Agra

ITA 98/AGR/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76553 (ITAT-AGRA)
• Duration Of Justice: 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-04-2014
• Assessment Year: misc
• Appeal Filed On: 15-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANIRUDH KUMAR
• Assessee Lawyers: R C TOMAR I T P
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO. 98/AGRA/ 2014 NAVDA EDUCATIONAL TRUST VS. COMMISSIONER OF INCOM E TAX-II 2, SAPAN BAGH, DAYALBAGH, AGRA AGRA. (PAN AAATN 8824 D) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R.C. TO MAR, ITP RESPONDENT BY : SHRI ANIRUDH KUMAR, CIT.D.R. DATE OF HEARING : 30.04.2014 DATE OF PRONOUNCEMENT : 30.04.2014 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT-II, AGRA DATED 05.02.2014 UNDER SECTION 12AA OF THE I.T. ACT . 2. BRIEFLY, IT IS NOTED IN THE IMPUGNED ORDER THAT THE ASSESSEE FILED APPLICATION FOR REGISTRATION UNDER SECTION 12AA OF THE ACT ON 2 3.09.2011 WHICH WAS REJECTED BY THE LD. CIT VIDE ORDER DATED 26.03.2012. THE ASS ESSEE PREFERRED AN APPEAL ITA NO.98/AGRA./2014 2 BEFORE TRIBUNAL AND THE TRIBUNAL IN ITA NO.170/AGRA /2012 DATED 08.05.2013 ALLOWED THE APPEAL OF THE ASSESSEE FOR STATISTICAL PURPOSES WITH DIRECTION TO DECIDE THE ISSUE AFRESH. THE ASSESSEE ACCORDINGLY PRODUCED EVIDENCE BEFORE LD. CIT AND FURNISHED THE AMENDED DEED DATED 20.04.2013. THE LD . CIT ON SATISFYING WITH THE CONDITION OF SECTION 12AA GRANTED REGISTRATION TO T HE ASSESSEE W.E.F. 1.04.2013. 3. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE REGISTRATION SHOULD HAVE BEEN GRANTED TO THE ASSESSEE FROM THE DATE OF FILIN G OF THE APPLICATION. LD. D.R. HOWEVER, SUBMITTED THAT WHEN THERE WAS DEFICIENCY I N EARLIER APPLICATION AND ASSESSEE AMENDED THE DEED, THEREFORE, REGISTRATION IS CORRECTLY GRANTED FROM 01.04.2013. 4 WE HAVE CONSIDERED RIVAL SUBMISSION AND PERUSED T HE MATERIAL ON RECORD. THE COPY OF THE EARLIER ORDER UNDER SECTION 12AA DA TED 26.03.2012 IS PLACED ON RECORD IN WHICH THE LD. CIT NOTED THAT THE ASSESSEE IS A CLOSELY HELD TRUST AND THERE IS NO OUTSIDER AS TRUSTEE AND EVEN AFTER THEI R DEATH THEIR LEGAL HEIRS AS CONTINUE AS TRUSTEE. THERE WERE OTHER VIOLATIONS WE RE ALSO NOTED, THEREFORE, THE GENUINENESS OF THE ACTIVITIES OF THE TRUST COULD NO T BE SATISFIED. THE ASSESSEE ACCORDINGLY AMENDED THE TRUST DEED ON 20.04.2013. T HE TRIBUNAL AFTER AMENDMENT IN TRUST DEED RESTORED THE MATTER TO LD. CIT FOR RECONSIDERATION ITA NO.98/AGRA./2014 3 AFRESH FOR VERIFICATION OF CLAUSES OF AMENDED TRUST DEED. THEREFORE, WHATEVER OBJECTIONS WERE EARLIER RAISED WERE RECTIFIED BY TH E ASSESSEE VIDE AMENDED DEED DATED 20.04.2013. THEREFORE, THE EARLIER PERIOD COU LD NOT BE COUNTED FOR THE PURPOSE OF GRANT OF REGISTRATION TO THE ASSESSEE. T HE REGISTRATION SHOULD HAVE BEEN GRANTED TO THE ASSESSEE FROM THE FIRST DAY OF THE FINANCIAL YEAR AND IN THE CASE OF THE ASSESSEE LD. COMMISSIONER WAS SATISFIED WITH THE CONDITION OF SECTION 12AA AFTER AMENDING THE TRUST DEED BY THE A SSESSEE ON 20.04.2013. THEREFORE, THE FIRST DAY OF THE FINANCIAL YEAR ON 2 0.04.2013 WOULD COMMENCE ON 01.4.2013. NO ILLEGALITY HAVE BEEN POINTED OUT IN T HE IMPUGNED ORDER. THEREFORE, LD. CIT WAS JUSTIFIED IN GRANTING REGIST RATION TO THE ASSESSEE W.E.F. 01.04.2013 I.E. MAKING AMENDMENT IN THE DEED OF THE TRUST. 5. IN THE RESULT, WE DO NOT FIND ANY MERIT IN THE A PPEAL OF THE ASSESSEE, THE SAME IS ACCORDINGLY DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (PRAMOD KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ ITA NO.98/AGRA./2014 4 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY