M/s Agricultural Market Committee, Visakhapatnam v. The Commissioner of Income Tax-1, Visakhapatnam

ITA 519/VIZ/2009 | misc
Pronouncement Date: 12-08-2010 | Result: Allowed

Appeal Details

RSA Number 51925314 RSA 2009
Assessee PAN AAALA0418L
Bench Visakhapatnam
Appeal Number ITA 519/VIZ/2009
Duration Of Justice 9 month(s)
Appellant M/s Agricultural Market Committee, Visakhapatnam
Respondent The Commissioner of Income Tax-1, Visakhapatnam
Appeal Type Income Tax Appeal
Pronouncement Date 12-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 12-08-2010
Date Of Final Hearing 18-02-2010
Next Hearing Date 18-02-2010
Assessment Year misc
Appeal Filed On 12-11-2009
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.519/VIZAG/2009 ASSESSMENT YEAR : N.A. AGRICULTURAL MARKET COMMITTEE VISAKHAPATNAM CIT-1 VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AAALA0418L APPELLANT BY: SHRI B.V. RAO C.A. RESPONDENT BY: SHRI D.S. SUNDER SINGH DR ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER:- THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT REFUSING THE REGISTRATION U/S 12A OF THE I.T. ACT. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS INVIT ED OUR ATTENTION THAT THE CIT HAS REJECTED THE REQUEST OF REGISTRATION U/S 12 A ON THE GROUND THAT THE ASSESSEE DID NOT COMPLY WITH THE PROVISO (B) TO SUB -SECTION-(II) OF SECTION-1 OF SECTION 12A OF THE ACT. WHEREAS THE COMPLIANCE OF THIS PROVISION IS REQUIRED AT THE TIME OF FILING OF THE RETURN OF INC OME OF A SOCIETY/TRUST. THE LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENT ION TO THE PROVISIONS TO RULE 17A OF THE I.T. RULES WITH THE SUBMISSIONS THAT ALONG WITH AN APPLICATION U/S 12A FOR REGISTRATION OF A CHARITABLE OR RELIGIO US TRUST OR INSTITUTION IN FORM 10A ASSESSEE IS ONLY REQUIRED TO SUBMIT 2 COPIES OF THE ACCOUNTS OF THE TRUST OR INSTITUTION RELATING TO SUCH PRIOR YEARS OR YEAR S FOR WHICH ACCOUNTS HAVE BEEN MADE UP. THERE WAS NO REQUIREMENT OF LAW TO S UBMIT THE AUDITED ACCOUNTS ALONG WITH THE APPLICATION FOR REGISTRATIO N U/S 12A OF THE ACT. WHATEVER REFERENCE WAS MADE BY THE CIT IT IS WITH R EGARD TO THE SUBMITTING OF A RETURN CLAIMING EXEMPTION U/S 11 & 12 OF THE I. T. ACT THEREIN. 2. THE LD. D.R. HAS PLACED A RELIANCE UPON THE ORDE R OF THE CIT. 2 3. HAVING CAREFULLY EXAMINED THE ORDER OF THE CIT I N THE LIGHT OF RIVAL SUBMISSIONS WE FIND THAT CIT HAS RE-EXAMINED THE I SSUE IN THE LIGHT OF THE ORDER OF THE TRIBUNAL DATED 14.7.2009 AND HAS REFUS ED THE REGISTRATION ON THE GROUND THAT THE ACCOUNT SUBMITTED ALONG WITH THE AP PLICATIONS ARE NOT AUDITED BY THE CHARTERED ACCOUNTANT; WHEREAS AS PE R RULE 17A WHICH IS A RELEVANT RULE DEALING WITH THE SUBMISSION OF THE AP PLICATION FOR REGISTRATION OF CHARITABLE OR RELIGIOUS TRUST ETC. U/S 12A THE APP LICANT IS REQUIRED TO SUBMIT THE 2 COPIES OF THE ACCOUNTS OF THE TRUST OR THE IN STITUTION ALONG WITH THE APPLICATION FOR REGISTRATION. NOWHERE IT HAS BEEN MENTIONED THAT THE APPLICANT IS REQUIRED TO SUBMIT THE AUDITED ACCOUNT S FOR SUCH PRIOR YEARS. THE CIT HAS MADE A REFERENCE TO PROVISO (B) TO SUB-SECT ION (II) OF SECTION 1 OF SECTION 12A OF THE ACT WHICH IN FACT DEALS WITH THE CLAIM OF EXEMPTION U/S 11 & 12 OF THE I.T. ACT. IF THE CONDITIONS LAID DOWN I N SECTION 12A ARE NOT FULFILLED THE BENEFIT OF EXEMPTION U/S 11 & 12 TO T HE ASSESSEES CAN BE DENIED. THIS SECTION DOES NOT DEAL WITH THE REQUIREMENT OF THE DOCUMENTS WHICH ARE TO BE ANNEXED ALONG WITH THE APPLICATION FOR REGIST RATION U/S 12A OF THE I.T. ACT. 4. WE THEREFORE OF THE VIEW THAT CIT HAS NOT CORREC TLY MADE A REFERENCE OF THE PROVISO (B) TO SUB-SECTION (II) OF SECTION 1 OF SECTION 12A WHILE DENYING THE REGISTRATION U/S 12A TO THE ASSESSEES. SINCE T HE ASSESSEE HAS SUBMITTED THE COPY OF THE ACCOUNTS AS PER THE REQUIREMENT OF RULE 17A OF THE I.T. RULES WE DO NOT FIND ANY DEFICIENCY IN SUBMISSION OF THE APPLICATION FOR REGISTRATION U/S 12A. WE THEREFORE DO NOT AGREE THE REASONINGS GIVEN BY THE CIT WHILE REJECTING THE REQUEST OF THE REGISTRATION. ACCORDI NGLY WE SET ASIDE THE ORDER OF CIT AND DIRECT HIM TO GRANT REGISTRATION U/S 12A TO THE ASSESSEE. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLO WED. PRONOUNCED IN THE OPEN COURT ON 12.8.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 12 TH AUGUST 2010 3 COPY TO 1 AGRICULTURAL MARKET COMMITTEE VISAKHAPATNAM 2 CIT-1 VISAKHAPATNAM 3 THE CIT(A) VISAKHAPATNAM 4 THE DR ITAT VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM