SANDAPINI GURUKUL FOUNDATION vs. C.I.T.(EXEMPTION),

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH, PATNA Before Sh. N_ K Saini; AM and Sh: Sudhanshu Srivastava, JM ITA No. 76/Pat./2016, Asstt: Year Sandapini Gurukul Vs Commissioner of Income Tax Foundation TRUC Complex At (Exemptions), Patna (Bihar) &PO Tilothu: (APPELLANT) (RESPONDENT) PAN No. AACTG5017F Assessee by :Shri Shikesh Jha Adv. Revenue by Smt Archana Sinha, Sr: S.C: Date of Hearing 14.03.2018 Date of Pronouncement : 15 .03.2018 ORDER Per Sudhanshu Srivastava_JM: This appeal has been preferred by the assessee against order dated 29.03.2016, passed by the Ld. CIT (Exemptions)- Patna wherein, vide the impugned order passed u/s 12AA of the Income-tax Act; 1961 (hereinafter referred to as "the Act") , the Ld_ CIT (E) has rejected the assessee' S application for registration u/s 12AA of the Act. 2 The Ld_ AR submitted that the Ld_ CIT (E) has refused grant of registration on the ground that there was n0 dissolution clause in the Trust Deed. It was submitted that this observation of the Ld_ CIT (E) was 2 ITA No. 76/Pat./2016 factually incorrect as the dissolution clause had been duly incorporated in Para 7.3 of the Trust Deed. Our attention was drawn to the relevant Para on page 9 of the Trust Deed in this regard_ It was submitted that in view of the factual inaccuracy in the order to the Ld_ CIT (E) the assessee should be granted registration u / s 12AA. 3 In response, the Ld_ Sr . Standing Counsel for the Department placed reliance on the order of the Ld: CIT (E). 4_ We have heard the rival submissions and have also perused the material on record. We find that the contention of the Ld. AR that the Trust Deed has a dissolution clause is correct and, therefore, we find that the observation of the Ld CIT (E) in this regard is factually incorrect and he has denied registration to the assessee's trust on misconception of facts_ Accordingly, we restore the issue of registration to the file of the Ld: CIT (E) with the direction to reconsider the application of the assessee after taking note of the dissolution clause as contained in Para 7.3 of the trust deed. 3 ITA No. 76/Pat /2016 5 In the result; the appeal of the assessee stands allowed for statistical purposes: (Order Pronounced in the Court on 15/03/2018) / - N.K Saini) - (Sudhanshu Srivastava) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 15 /03/2018 S.sinha*