Heal A Child Foundation, Hyderabad V. DIT(Exemption), Hyderabad

MA 36/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8037 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-04-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 22-02-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K VISHWANATHAM
• Assessee Lawyers: Y RATNAKAR SHRI VINAY KABRA
• Keywords: Charitable institution
• Section: 80G

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 36/HYD/2012 ARISING OUT OF ITA NO. 1343/HYD/2011 (ASSESSMENT YEAR : NOT APPLICABLE) M/S. HEAL A CHILD FOUNDATION, HYDERABAD PAN: AAATH8781P VS. THE DIRECTOR OF INCOME - TAX (EXEMPTIONS), HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI Y. RATNAKAR/ SHRI VINAY KABRA RESPONDENT BY: SHRI K. VISHWANATHAM DATE OF HEARING: 2 0.0 4 .2012 DATE OF PRONOUNCEMENT: 20 .0 4 .2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSE E SEEKS CORRECTION IN THE ORDER OF THE TRIBUNAL DATED 3.2.2 012. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT APPROVAL U/S. 80G SHOULD BE GRANTED FROM THE 7 TH DAY OF JUNE, 2010 WHICH IS THE DATE FROM WHICH APPROVAL IS CLAIM ED IN THE APPLICATION FILED BY THE ASSESSEE BEFORE THE DIT(E) . THE COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TRIBUNAL IN PARA 12 GIVEN A FINDING THAT ALL THE CONDITIONS LAID DOWN IN RULE 1 1AA I.E., CONDITION LAID DOWN IN SUB-CLAUSES (I) TO (V) OF SU B-SECTION (5) OF SECTION 80G ARE FULFILLED. WHEN THE ASSESSEE TRUST WAS GRANTED REGISTRATION U/S 12AA, IT IS A TESTIMONY TO THE FAC T THAT THE TRUST IS ESTABLISHED FOR CHARITABLE PURPOSES. ACCORDING TO HIM, THE TRIBUNAL HAS NOT GIVEN CLEAR DIRECTION TO THE DIT(E ) TO GRANT REGISTRATION FROM 7.6.2010 WHILE ALLOWING THE APPEA L OF THE ASSESSEE. M.A. NO. 36/HYD/2012 M/S. HEAL A CHILD FOUNDATION ====================== 2 3. THE LEARNED DR SERIOUSLY OPPOSED THE ARGUMENT OF TH E LEARNED AR. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. THE TRIBUNAL HAS GIVEN A FINDING IN PARA 1 4 OF THE ORDER THAT AS ON THE DATE I.E., WHEN THE ASSESSEE AMENDED CLAUSE 3.2 OF THE ARTICLES, THERE IS NO OBJECTION OF WHATSOEVER T O GRANT APPROVAL U/S. 80G OF THE ACT AND THE DIT(E) IS TO CONSIDER T HE AMENDMENT AND DECIDE THE ISSUE IN ACCORDANCE WITH LAW. BEING SO, IT IS LEFT TO THE WISDOM OF THE DIT(E) TO CONSIDER THE APPLICATIO N OF 80G APPROVAL IN THE LIGHT OF THE ORDER OF THE TRIBUNAL. AT THIS STAGE, THE ASSESSEE CANNOT HAVE ANY APPREHENSION REGARDING THE GRANTING OF REGISTRATION WITH EFFECT FROM 12.11.2010. 5. WE MAKE IT CLEAR THAT THE RECTIFICATION OR AMENDMEN T IF ANY CARRIED OUT BY THE ASSESSEE TO THE TRUST DEED WILL HAVE ONLY PROSPECTIVE OPERATION AND IT CANNOT CLAIM THE BENEF IT OF THAT AMENDMENT OR RECTIFICATION FOR THE PRIOR PERIOD OF THE AMENDMENT OR RECTIFICATION. FOR THIS PURPOSE, WE PLACE RELIA NCE ON THE JUDGEMENT OF DELHI HIGH COURT IN THE CASE OF BHRIGU RURAJ CHAIRTY TRUST VS. CIT (220 ITR 50) (FB). 6. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH APRIL, 2011. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 20 TH APRIL, 2012 M.A. NO. 36/HYD/2012 M/S. HEAL A CHILD FOUNDATION ====================== 3 COPY FORWARDED TO: 1. M/S. HEAL A CHILD FOUNDATION, C/O. M/S. Y - AXIS SOLUTIONS PVT. LTD., RAJ BHAVAN ROAD, HYDERABAD. 2. THE DIRECTOR OF INCOME - TAX (EXEMPTIONS), HYDERABAD. 3. THE DDIT(E) - , HYDERABAD. 4 . THE DR A BENCH, ITAT, HYDERABAD TPRAO