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Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM vk;dj vihy la-@ITA No. 260/JP/2017
PER SHRI KUL BHARAT, JM.
This appeal by the by the assessee is directed against the order of ld. CIT
(Exemptions), Jaipur dated 27.01.2017. The assessee has raised the following
grounds of appeal :-
“ 1. In the facts and circumstances of the case and in law the ld. CIT (Exemptions), Jaipur has grossly erred in rejecting the application for registration under section 12AA. The action of the ld. CIT (Exemptions) is illegal, unjustified, arbitrary and against the facts of the case. Registration may please be granted under section 12AA.
The assessee trust craves its rights to add, amend or alter any of the grounds on or before the hearing.”
2 ITA No. 260/JP/2017 Tej Karan Dandia Suraj Bai Dandia Memorial Trust.
The only effective ground is against rejection of application under section
12AA of the Income Tax Act 1961 (hereinafter referred to as the Act).
2.1. The ld. Counsel for the assessee submitted that the ld. CIT (Exemptions) has
rejected the application solely on the ground that the assessee trust is not registered
under the Rajasthan Public Trust Act, 1959. He submitted that under the identical
facts, this Tribunal was pleased to restore the appeal in ITA No. 1052/JP/2016 in the
case of M/s. Arihanth Charitable Trust vs. CIT (Exemptions) to the file of the ld. CIT
(E) for decision afresh in accordance with law. The ld. Counsel also placed reliance
on the decision of the Coordinate Bench of the Tribunal in the case of Tsurphu
Labrang vs. Director of Income Tax (Exemptions) (2016) 71 taxmann.com 140
(Delhi – Trib.).
2.2. On the contrary, the ld. CIT D/R supported the order of ld. CIT (Exemptions).
2.3. We have heard rival contentions and perused the material on record. We find
that the Coordinate Bench in ITA No. 1052/JP/2016 by following the decision of
other Coordinate Bench restored the issue of Registration of application under
section 12AA of the Act for decision afresh by observing as under :-
“3.2. We have heard rival contentions, perused the material available on record and gone through the order of ld. CIT (Exemptions). We find that under the identical facts, the Coordinate Bench of the Tribunal in ITA No. 4941/Del/2011 & 3061/Del/2013 has held as under :-
“13. A plain reading of Rule 17A(a) makes it clear that where the Trust is created, or the institution is established, under an instrument, the instrument in original, together with one copy thereof, has to be filed along with prescribed Form No.10A for registration of the Institution/Trust u/s 12A of the Act. However, the second limb of Rule 17A(a) provides that where the Trust is created, or the Institution is established, otherwise than under an instrument, the document evidencing the creation of the trust or the establishment of the institution, together with one
3 ITA No. 260/JP/2017 Tej Karan Dandia Suraj Bai Dandia Memorial Trust.
copy thereof, has to be filed along with the statutory Form No.10A for registration of the Institution/Trust u/s12AA/12A of the Act. Thus, the applicable Rule 17A itself provides that it is not necessary that the Institution/Trust should be established under an instrument. The Rule 17A does not prescribe that in case the Institution/Trust is established otherwise than under an instrument, what type of document evidencing the creation of the Trust or the establishment of the Institution, has to be filed, meaning thereby that the document evidencing the creation of Trust or the establishment of Institution could be of any type. As per the provisions of the Indian Trust Act, the Trust can be created even orally and if the assessee is able to give some evidence of creation of such Trust by a word of mouth, the same shall be eligible for registration u/s 12AA/12A of the Act, provided such evidence is filed and the other conditions under the statute are satisfied.”
In view of the decision of the Coordinate Bench, we deem it proper to restore this appeal of the assessee before the ld. CIT (Exemptions) to decide in accordance with law laid down by the Coordinate Bench.”
For the same reasoning, se deem it proper to restore this appeal to the file of ld. CIT
(E) to decide the issue afresh in the light of the decision as relied on by the ld.
Counsel for the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order is pronounced in the open court on 10.10.2017.
Sd/- Sd/- ( HkkxpUn ½ ( dqy Hkkjr) ( BHAGCHAND) ( KUL BHARAT ) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Jaipur Dated:- 10/10/2017. Das/
4 ITA No. 260/JP/2017 Tej Karan Dandia Suraj Bai Dandia Memorial Trust.
आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
The Appellant- Tej Karan Dandia Suraj Bai Dandia Memorial Trust, Jaipur. 2. The Respondent – The CIT (Exemptions), Jaipur. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 260/JP/2017) vkns'kkuqlkj@ By order,
सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत
5 ITA No. 260/JP/2017 Tej Karan Dandia Suraj Bai Dandia Memorial Trust.