Puriben Tulsidas Kaneriya Charitable Trust,, RAJKOT-GUJARAT v. The Commissioner of Income Tax-III,, RAJKOT-GUJARAT

ITA 387/RJT/2013 | misc
Pronouncement Date: 25-11-2014 | Result: Allowed

Appeal Details

RSA Number 38724914 RSA 2013
Bench Rajkot
Appeal Number ITA 387/RJT/2013
Duration Of Justice 1 year(s) 1 month(s) 3 day(s)
Appellant Puriben Tulsidas Kaneriya Charitable Trust,, RAJKOT-GUJARAT
Respondent The Commissioner of Income Tax-III,, RAJKOT-GUJARAT
Appeal Type Income Tax Appeal
Pronouncement Date 25-11-2014
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 25-11-2014
Date Of Final Hearing 25-11-2014
Next Hearing Date 25-11-2014
Assessment Year misc
Appeal Filed On 22-10-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AT RAJKOT . . BEFORE S/SHRI G.C. GUPTA VICE - PRESIDENT AND ANIL CHATURVEDI ACCOUNTANT MEMBER) ITA NO . 387 / RJT /20 1 3 PURIBEN T ULSIDAS KANERIYA CHARITABLE TRUST C/O. KANERIYA OIL INDUSTRIES SAMRAT INDUSTRIAL AREA GONDAL ROAD OPP: GOKULDHAM SOCIETY RAJKOT. / VS. THE CIT RAMGE - III RAJKOT. ( / APPELLANT) ( / RESPONDENT) / ASSESSEE BY : SHRI R.D. LALCHANDANI / REVENUE BY : SHRI M.L. MEENA DR / DATE OF HEARING : 2 5 TH NOVEMBER 2014 / DATE OF PRONOUNCEMENT : 25 TH NOVEMBER 2014 / O R D E R PER G.C. GUPTA VICE - PRESIDENT : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT - III RAJKOT REFUSING REGISTRATION UNDER SECTION 12AA OF THE IT ACT 1961. 2. THE GROUNDS OF THE APPEAL OF THE ASSESSEE ARE AS UNDER: 1. TH E LD.CIT ERRED IN REJECTING THE APPLICATION FOR TRUST REGISTRATION U/S.12AA OF THE ACT HOLDING THAT THE TRUST DEED IS INCOMPLETE AND THE CLAUSE OF WINDING UP IN CASE OF DISSOLUTION OF TRUST IS AB SENT. ITA NO. 387 / RJT /20 1 3 - 2 - WITHOUT PREJUDICE TO GROUND NO.1 THE REJECTION IS NOT WARRANTED TO THE FACTS OF THE CASE. 2. THE CIRCUMSTANCES AND THE FACTS OF THE CASE THE ACTION OF LD.CIT IN REJECTING THE REGISTRATION IS BEYOND HIS POWER AND JURISDICTION. THE SAME IS REQUIRED TO BE TREATED AS NULL AND VOID AND QUASHED ACCORDING. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMI TTED THAT THE LD.CIT - III RAJKOT HAS REJECTED THE APPLICATION OF THE ASSESSEE FOR THE REGISTRATION UNDER SECTION 12AA OF THE ACT ON THE GROUND THAT THERE WAS NO SPECIFIC WINDING UP CLAUSE IN THE TRUST DEED AND THEREFORE THE TRUST DEED OF THE ASSESSEE - TRUST WAS INCOMPLETE. HE SUBMITTED THAT IT IS WELL SETTLED THAT THE REGISTRATION COULD NOT BE REFUSED ON THE GROUND OF NO WINDING UP CLAUSE IN THE TRUST DE E D. THE LEARNED DR RELIED ON TH E ORDER OF THE CIT. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDER OF THE CIT PASSED UNDER SECTION 12AA OF THE ACT. WE FIND THAT THE REGISTRATION UNDER SECTION 12AA OF THE ACT WAS REFUSED TO THE ASSESSEE - TRUST ON THE GROUND THAT THERE WAS NO SPECIFIC WINDING UP CLAUSE IN THE TRUST DEED OF THE ASSESSEE AND THEREFORE THE TRUST DEED OF THE ASSESSEE - TRUST WAS INCOMPLETE IN SOFAR AS THERE WAS NO CLAUSE REGARDING THE ASSETS AFTER MEETING OF LIABILITIES IN CASE OF DISSOLUTION WAS INCORPORATED IN THE TRUST DEED. WE FIND THAT THE ISSUE IS NOW SETTLED WITH VARIOUS DE C ISION S OF THE HON BLE COURTS AND THE TRIBUNAL THAT THE REGISTRATION UNDER SECTION 12AA COULD NOT BE REFUSED TO THE ASSESSEE TRUST ONLY ON THE G R OUND THAT THERE WAS NO WINDING UP CLA USE IN THE TRUST DEED OF THE ASSESSEE - T RUST. HOWEVER WE FIND THAT ISSUE OF GRANTING REGISTRATION UNDER SECTION 12AA OF THE ACT TO THE ASSESSEE - TRUST HAS NOT BEEN CONSIDERED BY THE CIT ON ITS MERITS BY EXAMINING VARIOUS OBJECTS OF THE ASSESSEE - TRUST AN D ACCORDINGLY WE CONSIDER IT PROPER TO RESTORE THE ORDER OF THE CIT TO HIS FILE FOR PASSING DE ITA NO. 387 / RJT /20 1 3 - 3 - NOVO ORDER UNDER SECTION 12AA OF THE ACT ON MERITS AFTER CONSIDERING VARIOUS OBJECTS OF THE TRUST DEED AND TO RECORD A FI N DING THAT WHETHER CONDITIONS FOR GR A N T OF REGISTRATION UNDER SECTION 12AA OF THE ACT ARE SATISFIED IN THIS CASE AFTER ALLOWING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. WE DIRECT ACCORDINGLY. 5 . IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON 25 TH NOVEMBER 2014. SD/ - SD/ - ( / ANIL CHATURVEDI) /ACCOUNTANT MEMBER ( . . /G.C. GUPTA) /VICE - PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR ITAT. BY ORDER AR ITAT RAJKOT