BOMBAY VISHA NAGAR VANIK CASTE FUND, MUMBAI v. DIT (E), MUMBAI

ITA 5833/MUM/2014 | misc
Pronouncement Date: 27-10-2016 | Result: Allowed

Appeal Details

RSA Number 583319914 RSA 2014
Assessee PAN AAATB5212F
Bench Mumbai
Appeal Number ITA 5833/MUM/2014
Duration Of Justice 2 year(s) 1 month(s) 10 day(s)
Appellant BOMBAY VISHA NAGAR VANIK CASTE FUND, MUMBAI
Respondent DIT (E), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 27-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 27-10-2016
Assessment Year misc
Appeal Filed On 17-09-2014
Judgment Text
ITA NO. 5833/MUM/2014 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI BEFORE SHRI JOGINDER SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 5833 /M UM /201 4 BOMBAY VISHA NAGAR VANIK CASTE FUND C/O H.N.MOTIWALLA & CO. 508 SHARD CHAMBERS 33 NEW MARINE LINES MUMBAI - 400020 VS. DIT(E) PIRAMAL CHAMBER PAREL MUMBAI - 400012 PAN NO. AAATB5212F APPELLANT .. RESPONDENT DATE OF HEARING : 2 7 / 10 /2016 DATE OF PRONOUNCEMENT: 27 / 10 /2016 ORDER PER N.K.PRADHAN AM: THE CAPTIONED APPEAL IS DIRECTED AGAINST THE ORDER U/S 12AA(1)(B)(II) R.W.S. 12A OF THE INCOME TAX ACT 1961 (THE ACT) PASSE D BY THE DIRECTOR OF INCOME TAX (EXEMPTION) MUMBAI . 2. BRIEFLY STATED THE FACTS WHICH ARE ESSENTIAL FOR ADJUDICATION OF THIS APPEAL ARE THAT THE DIRECTOR OF INCOME TAX (EXEMPTION) REJECTED THE APPLICATION FOR GRANT OF REGISTRATION OF THE APPELLANT ON THE GROUND THAT THE LATTER FAILED TO FURNISH THE RELEVANT DOCUMENTS AND A SSESSEE BY MR. H.N.MOTIWALLA DEPARTMENT BY MR. N.P.SINGH CIT (DR) ITA NO. 5833/MUM/2014 2 MATERIALS BEFORE HIM IN RESPECT OF DIFFERENCE IN THE NAME OF THE APPLICANT TRUST AS WELL AS ITS FORMATION . 3. THE LD COUNSEL OF THE APPLICANT TRUST SUBMITS THAT THE DIRECTOR OF INCOME TAX (EXEMPTION) FAILED TO APPRE CIATE THAT THE TRUST WAS ESTABLISHED ON OCTOBER 22 1880 AND CARRIED ON CHARITABLE ACTIVITIES SINCE THEN. HE FURTHER SUBMITS THAT THE DIRECTOR OF INCOME TAX (EXEMPTION) ERRED IN REFUSING THE REGISTRATION ONLY ON TECHNICAL IRREGULARITIES PARTICULARLY WHEN T HE TRUST WAS ASSESSED UNDER 1922 ACT AND THEREAFTER HAVING PAN AAATB5212F. 4. THE LD. DR SUPPORTS THE ORDER PASSED BY THE DIRECTOR OF INCOME TAX (EXEMPTION). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. THE DISPUTE IN THE INSTANT CASE IS THE PRIMA FACIE DIFFERENCE IN THE NAME OF THE APPLICANT AND THE DATE OF FORMATION OF THE TRUST. ON A SPECIFIC QUERY FROM THE BENCH THE LD. COUNSEL OF THE APPLICANT SUBMITS THAT HE IS NOW IN A POSITION TO FILE THE ORIGIN AL DOCUMENTS TO CLARIFY THE NAME OF THE TRUST AS WELL AS ITS DATE OF FORMATION. IN VIEW OF THE ABOVE WE SET ASIDE THE ABOVE ORDER OF THE DIRECTOR OF INCOME TAX (EXEMPTION) AND RESTORE THE CASE TO HIM TO DECIDE IT AFRESH AS PER THE PROVISIONS OF THE ACT AF TER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE APPLICANT TRUST. THE ITA NO. 5833/MUM/2014 3 APPLICANT TRUST IS DIRECTED TO FILE THE RELEVANT DOCUMENTS BEFORE THE DIRECTOR OF INCOME TAX (EXEMPTION) . 6. IN THE RESULT THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSE. ORDER P RONOUNCED IN THE OPEN COURT ON 2 7 /10/2016 SD/ - SD/ - (JOGINDER SINGH) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 2 7 /10/2016 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE . BY ORDER //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT MUMBAI