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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. 463/JP/2016
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh Hkkxpan] ys[kk lnL; ,oa Jh dqy Hkkjr] U;kf;d lnL; ds le{k BEFORE: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM vk;dj vihy la-@ITA No. 463/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2012-13 cuke M/s Bhopat Ram Birla Asstt. Commissioner of Vs. Shikshan Sansthan, income Tax (Exemption), 47/12 Varun Path Jaipur. Mansarovar, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAATB 5146 Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri B.P. Mundra (CA) jktLo dh vksj ls@ Revenue by : Shri R.A. Verma (Addl.CIT) lquokbZ dh rkjh[k@ Date of Hearing : 28/04/2017 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 15/05/2017 vkns'k@ ORDER
PER: BHAGCHAND, A.M.
This is an appeal filed by the assessee emanates from the order
dated 11/01/2016 passed by the ld CIT(A)-3, Jaipur for the A.Y. 2012-13,
wherein the assessee has raised following grounds of appeal:
“1. Selection of case for scrutiny is bad in law and facts. 2. Treating that assessee is having no registration U/s 12A is bad in law and facts. 3. Not allowing the benefit of provisions of Section 11 and rejection of claim of exemption of Rs. 35,75,410/- U/s 11 and
ITA 463/JP/2016_ 2 M/s Bhopat Ram Birla Shikshan Sansthan Vs ACIT
treating income earned from providing education to bought to tax as APO is bad in law and facts.
Holding that the assessee failed to prove that any application for registration was filed is bad in law and facts.”
All the grounds of appeal are interlinked and the main issue involved
is regarding registration U/s 12A of the Income Tax Act, 1961 (in short the
Act). Before us, it was submitted that the assessee sansthan was created
on 16/01/1999 and it was registered with Registrar of Societies, Jaipur vide
certificate No. 508/1998-99 on 25/2/2015. The assessee submitted an
application for registration U/s 12A of the Act before the Commissioner of
Income Tax, Jodhpur on 03/3/2000 alongwith Form No. 10A and certified
copy of the trust deeds. This entry is evident from dak register, which is
placed at page No. 7 of the paper book and the entry is at Sl. No. 159 and
The copy of the application and Form No. 10A is placed at page No. 5
of the paper book. The ITO, Ward 2, Jodhpur vide its letter dated
22/6/2000 asked the information for registration No. 12A of the Act and the
assessee complied the requirement of the letter vide its letter date
10/7/2000. Copy placed at page No. 8 of the paper book. The assessee
also submitted an affidavit in this regard by stating the factual position
before the Assessing Officer. The Assessing Officer while finalizing the
assessment U/s 143(3) for the A.Y. 2010-11, enquired about certificate of
ITA 463/JP/2016_ 3 M/s Bhopat Ram Birla Shikshan Sansthan Vs ACIT
registration No. 12A of the Act and the assessee submitted before him that
the assessee has applied for certificate on 03/3/2000 before the CIT,
Jodhpur. All the necessary evidences were submitted and after verification
and satisfaction, the Assessing Officer gave a finding that the assessee
Trust is registered U/s 12AA of the Act. He further submitted that, at the
relevant time of provisions of Section 12AA (2) of the Act provides that
every order granting or refusing registration under clause (b) of subsection
(1) shall be passed before expiry of six months from the end of the months
in which the application was received under clause (a). He also submitted
that as per circular No. 762 dated 18/2/1998, it is clear that where the
Commissioner does not pass order, granting or refusing registration of
Trust within the period laid down in Section 12AA(2) i.e. six months from
the end of the month in which the application for registration U/s 12A of
the Act is filed then registration would be deemed to have been granted to
the Trust or institution automatically on expiry of period specified in Section
12AA(2) of the Act. After enquiring all the facts and circumstances, the
Assessing Officer while passing order U/s 143(3) of the Act for the A.Y.
2010-11 accepted that the assessee society is registered U/s 12AA of the
Act. He also placed reliance with the following decisions:
(i) UCO Bank Vs. CIT (1999) 23 ITR 889 (SC)
ITA 463/JP/2016_ 4 M/s Bhopat Ram Birla Shikshan Sansthan Vs ACIT
(ii) Catholic Syrian Bank Ltd. Vs. CIT (2012) 343 270.
(iii) 82 ITR 913 (SC)
(iv) ACIT Vs Rajoo Engineers Ltd. (2006) 248 ITR (A.T.) 0118.
He also relied on the decision of the Hon'ble Supreme Court in the case of
CIT Vs Society for the Promn of Edn (2016) 95 CCH 0049 ISCC, wherein
the Hon'ble Supreme Court has held as under:-
“3. The short issue is with regard to the deemed registration of an application under Section 12AA of the Income Tax Act. The High Court has taken the view that once an application is made under the said provision and in case the same is not responded to within six months, it would be taken that the application is registered under the provision.
The learned Additional Solicitor General appearing for the appellants, has raised an apprehension that in the case of the respondent, since the date of application was of 24/2/2003, at the worst, the same would operate only after six months from the date of the application.
We see no basis for such an apprehension since that is the only logical sense in which the judgment could be understood. Therefore, in order to disabuse any apprehension, we make it clear that the registration of the application under Section 12AA of the Income Tax Act in the case of the respondent shall take effect from 24/8/2003.”
On the other hand, the ld Sr. DR relied on the orders of the
authorities below.
We have heard the rival contentions of both the parties on this issue.
The assessee was registered with the society of Registration, Jaipur on
16/1/1999 vide certificate No. 508/98-99. The assessee applied for
registration U/s 12A of the Act on 03/3/2000 alongiwth Form No. 10A and
ITA 463/JP/2016_ 5 M/s Bhopat Ram Birla Shikshan Sansthan Vs ACIT
certified copy of Trust Deed. This fact is evident from the inward register
maintained in the office of ITO. The copy of the same is placed at page No.
7 of the paper book. The relevant entries were at sl. No. 159 and 160. The
assessee got a letter dated 22/6/2000 from the ITO, Ward-2, Jodhpur, in
this regard. The assessee replied to the same on 10/7/2000, which is
evident from page No. 8 of the paper book. Thus, the assessee’s claim that
he has applied for registration U/s 12AA of the Act alongwith necessary
documents is well established. The assessee had also complied with the
queries raised by the authorities. Therefore, the ld. CIT has failed in making
any order either registering the assessee Trust under 12A or refusing the
same within six months. Therefore, the assessee’s case is clearly covered
by the decision of the Hon'ble Supreme Court in the case of CIT Vs Society
for the Promn of Edn. (supra). While making order U/s 143(3) of the Act,
the Assessing Officer has accepted the status of the assessee as registered
U/s 12A. The Assessing Officer records that the assessee engaged in the
charitable activities for educational purpose at Jodhpur, Pali, Marwar and
Barmer. The Assessing Officer also held that the income of assessee is
exempted U/s 11 of the Act. Considering all these facts and circumstances,
we hold that the assessee society shall be entitled for all the benefits
available for assessee registered U/s 12A of the Act. The assessee shall be
ITA 463/JP/2016_ 6 M/s Bhopat Ram Birla Shikshan Sansthan Vs ACIT entitled for the benefit of Section 11 of the Act. Therefore, all the grounds
of the appeal of the assessee are allowed.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 15/5/2017. Sd/- Sd/- ¼dqy Hkkjr½ ¼Hkkxpan½ (Kul Bharat) (BHAGCHAND) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 15th May, 2017 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- M/s Bhopat Ram Birla Shikshan Sansthan, 1. Jaipur. izR;FkhZ@ The Respondent- The ACIT (Exemption), Jaipur. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 463/JP/2016) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत