M/s Sri Sataswathi Educational Society, Amalapuram v. The Commissioner of Income Tax, Rajahmundry

ITA 390/VIZ/2010 | misc
Pronouncement Date: 27-08-2010 | Result: Allowed

Appeal Details

RSA Number 39025314 RSA 2010
Bench Visakhapatnam
Appeal Number ITA 390/VIZ/2010
Duration Of Justice 2 month(s) 3 day(s)
Appellant M/s Sri Sataswathi Educational Society, Amalapuram
Respondent The Commissioner of Income Tax, Rajahmundry
Appeal Type Income Tax Appeal
Pronouncement Date 27-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 27-08-2010
Assessment Year misc
Appeal Filed On 23-06-2010
Judgment 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.390/VIZAG/2010 ASSESSMENT YEAR: N.A. M/S. SRI SARASWATHI EDUCATIONAL SOCIETY AMALAPURAM CIT RAJAHMUNDRY (APPELLANT) VS. (RESPONDENT) PAN NO.AAHTS 6401N APPELLANT BY: SHRI G.V.N. HARI CA RESPONDENT BY: SHRI D.S. SUNDER SINGH DR ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER:- THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST TH E ORDER OF THE CIT REFUSING THE REGISTRATION U/S 12AA OF THE ACT. 2. ON PERUSAL OF THE ORDER OF THE CIT WE FIND THAT CIT HAS DENIED THE REGISTRATION ON THE GROUND THAT THE ASSESSEE TRUST WAS NOT REGISTERED U/S 43(1) OF THE A.P. CHARITABLE AND HINDU RELIGIOUS IN STITUTIONS AND ENDOWMENTS ACT 1987 SO AS TO CONFER A FULL-FLEDGED LEGAL STAT US UPON SUCH SOCIETIES/TRUSTS IN THE EYES OF THE RELEVANT LAWS REGULATING THEIR A CTIVITIES. IN HIS ORDER THE CIT THOUGH ADMITTED THAT THE ASSESSEE TRUST WAS REG ISTERED UNDER THE INDIAN TRUST ACT BUT HE DID NOT GRANT REGISTRATION U/S 12A A OF THE I.T. ACT. DURING THE COURSE OF HEARING A SPECIFIC QUERY WAS RAISED FROM THE LD. D.R. THAT WHETHER IT IS A REQUIREMENT OF LAW TO HAVE THE TRUS T REGISTERED WITH THE A.P. CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND END OWMENTS ACT FOR REGISTRATION U/S 12AA OF THE INCOME TAX ACT. THE L D. D.R. SOUGHT TIME FOR VERIFICATION. HE HOWEVER AGREED WITH THE PROPOSAL THAT LET THE MATTER BE SENT BACK TO THE CIT WITH A SPECIFIC DIRECTION TO FIND O UT WHETHER IS IT A REQUIREMENT OF LAW TO HAVE THE TRUST REGISTERED UND ER A.P. CHARITABLE AND 2 HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT FOR OBTAINING A REGISTRATION U/S 12AA OF THE ACT. 3. BOTH THE PARTIES TO THE APPEAL HAVE AGREED TO TH E PROPOSAL AND WE ACCORDINGLY SET ASIDE THE ORDER OF CIT AND RESTORE THE MATTER TO HIS FILE WITH THE DIRECTIONS TO ADJUDICATE THE ISSUE BY PASSING A REASONED ORDER IN THIS REGARD. A REFERENCE OF THE SPECIFIC PROVISIONS UND ER WHICH THE ASSESSEE IS REQUIRED TO HAVE A REGISTRATION U/S 43(1) UNDER THE A.P. CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT 1987 FOR OBTAINING A REGISTRATION U/S 12AA OF THE I.T. ACT SHOULD ALSO BE MADE. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLO WED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 27.8.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 27 TH AUGUST 2010. COPY TO 1 M/S. SRI SARASWATHI EDUCATIONAL SOCIETY SRI SAI SURYA RESIDENCY BHUPAYYA AGRAHARAM AMALAPURAM-533 201. 2 CIT RAJAHMUNDRY 3 THE CIT(A) RAJAHMUNDRY 4 THE DR ITAT VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM