Sri Sri Paramapitha Sri Venkata Ramanacharya Guruvu Charitable Trust, Dharmavaram, Anantapur V. CIT, (Exemptions), Hyd, Hyderabad

ITA 999/HYD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5931 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 29-03-2016
• Assessment Year: 2014-2015
• Appeal Filed On: 03-08-2015
• Court: TRIBUNAL
• Department Lawyers: V SRINIVAS
• Assessee Lawyers: K A SAI PRASAD
• Keywords: Charitable institution; Additional evidence
• Section: 80G; 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ES B , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER I.T.A. NO. 999 /H YD /201 5 ASSESSMENT YEAR: 20 14 - 15 SRI SRI PARAMAPITHA SRI VENKATA RAMANACHA RYA GURUVU CHARITABLE TRUST , DHARMAVARAM [PAN: A A CTP3275E ] VS COMMISSIONER OF INCOME TAX (EXEMPTIONS) , HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI K.A. SAI PRASAD , AR FOR REVENUE : SHRI V. SRINIVAS , CIT - DR DATE OF HEARING : 29 - 0 3 - 2 01 6 DATE OF PRONOUNCEMENT : 29 - 0 3 - 201 6 O R D E R PER B. RAMAKOTAIAH, A.M. : TH IS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (EXEMPTIONS) U/S. 80G(5) OF THE INCOME TAX ACT [ACT] DATED 29 - 05 - 2015. WE HAVE HEARD THE LD. COUNSEL AND LD. DR. 2. ASSESSEE IS A TRUST HAVING BEEN REGISTERED U/S. 12A OF THE ACT. ASSESSEE FILED AN APPLICATION IN FORM 10G ON 10 - 11 - 2014 SEEKING APPROVAL U/S. 80G(5 ) (VI) OF THE ACT. LD.CIT(E) NOTICING THAT THE ORIGINAL TRUST DEED EXECUTED ON 26 - 09 - 2012 HAS OBJECT CLAUSE I.T.A. NO. 999 / HYD / 20 15 : - 2 - : WHICH MENTIONS PROMOTING VEDIC CULTURE NOT ONLY IN INDIA BUT ALSO ABROAD. LIKE - WISE, HE ALSO NOTICED ANOTHER OBJECT CLAUSE WHICH ALSO WAS TO PROMOTE VEDIC CULTURE BY ESTABLISHING SCHOOLS AND ASHRAMS NOT ONLY IN INDIA BUT AL SO ABROAD. RELYING ON THE OBSERVATIONS OF THE ITAT IN THE CASE OF M/S. SAI LOVE TRUST, HYDERABAD VS. DIT (E), LD. CIT(E) WAS OF THE OPINION THAT WITH THESE OBJECT CLAUSES, THE TRUST IS NOT ELIGIBLE FOR GRANTING APPROVAL U/S. 80G(5 ) (VI) OF THE ACT. ACCORD INGLY, THE APPLICATION WAS REJECTED. 3. WHILE CONTESTING THE ORDER OF LD. CIT(E), LD. COUNSEL FAIRLY ADM ITTED THAT THE TRUST HAS MODIFIED ITS OBJECTS BY WITHDRAWING THE WORDS AND ABROAD IN THE CLAUSES WHICH WERE OBJECTED TO BY THE CIT(E) AND FILED THE R EVISED TRUST DEED AS AN ADDITIONAL EVIDENCE. IT WAS THE SUBMISSION THAT ASSESSEE HAVING BEEN REGISTERED U/S. 12A IS ENTITLED FOR APPROVAL U/S. 80G AS WELL. LD. DR HOWEVER, SUBMITTED THAT THE REVISED TRUST DEED WAS NOT FILED BEFORE THE CIT(E), C ONSEQUENTL Y, THE SAME HAS TO BE EXAMINED BY THE LD. CIT(E). 4. HAVING CONSIDERED THE RIVAL CONTENTIONS, PERUSING THE DOCUMENTS PLACED ON RECORD, WE ARE OF THE OPINION THAT LD. CIT(E) CAN RE - CONSIDER THE ISSUE OF GRANTING APPROVAL U/S. 80G ON THE BASIS OF REVISED TR UST DEED AMENDING THE CLAUSES WHICH WERE OBJECTED TO BY THE C IT(E) EARLIER. SINCE ASSESSEE WA S ALREADY REGISTERED U/S. 12A , WE ARE OF THE OPINION THAT GRANTING OF 80G SHOULD NOT CAUSE ANY PROBLEM. HOWEVER, SINCE CIT(E) HAS NO OPPORTUNITY TO CONSIDER THE REVISED TRU ST DEED, WE SET ASIDE THE ORDER PASSED BY THE CIT(E) EARLIER AND RESTORE THE ISSUE TO THE FILE OF CIT(E) FOR FRESH EXAMINATION AND CONSIDERATION. WITH THESE I.T.A. NO. 999 / HYD / 20 15 : - 3 - : OBSERVATIONS, THE GROUNDS ARE CONSIDERED ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH MARCH, 2016 UPON CONCLUSION OF HEARING SD/ - SD/ - (P. MADHAVI DEVI) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED 29 TH MARCH, 2016 TNMM COPY TO : 1. SRI SRI PARAMAPITHA SRI VENKATA RAMANACHARYA GURUVU CHARITABLE TRUST, D.NO. 24/658 - 1, SIDDAIAH GUTTA, BESIDE RTC BUS STAND, DHARMAVARAM TOWN, ANANTHAPUR DIST., A.P. 2 . COMMISSIONER OF INCOME TAX (EXEM PTIONS) , HYDERABAD. 3 . ITO (E), WARD, TIRUPATI. 4 . D.R. ITAT, HYDERABAD. 5 . GUARD FILE.