THE DIRECTOR OF INCOME TAX vs. M/S DAYANAND EDUCATIONAL TRUST

PDF · subscribers
ITA/482/2013HC KarnatakaKAHC01041083201311 January 2016Bench: S.SUJATHA,N.K.PATIL3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, following a previous judgment in a similar case. The court found that the ITAT's decision to grant registration was correct based on the precedent.

What were the facts?

The Revenue appealed against an ITAT order granting registration under Section 12AA to the assessee trust. The Revenue argued that the trust had not commenced its activities, making its genuineness unverifiable.

What were the issues?

Whether a trust that has not yet commenced its activities is eligible for registration under Section 12AA of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JANUARY, 2016

PRESENT

THE HON’BLE MR. JUSTICE N.K. PATIL

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA No.482/2013

BETWEEN

1.

The Director of Income-Tax

Exemptions, C.R. Buildings,

Queens Road

Bangalore

2.

The Income-Tax Officer

Ward – 17, Exemptions,

C.R. Buildings,

Queens Road

Bangalore …Appellants (By Sri. K.V. Aravind, Advocate)

AND

M/s. Dayanand Educational Trust No.45/1-14, Palace Road, Lalehzar, 302, 3rd Floor, Bangalore – 560 001 …Respondent

This Income-tax appeal is filed under Section 260-A of Income-tax Act, 1961, to set aside the order passed by the ITAT, Bangalore in ITA No.1063/Bang/2012, dated 24.05.2013, and confirm the order of the Appellate Commissioner confirming the order passed by the Director of Income-tax, Exemptions, Bangalore, in the interest of justice and equity.

This appeal coming on for Admission, this day, N.K. Patil, J., delivered the following:

JUDGMENT

This appeal is by the revenue questioning the correctness of the order dated 24.5.2013 passed in ITA No.1063/BNG/2012 on the file of the Income Tax Appellate Tribunal, Bangalore and to confirm the order passed by the Appellate Commissioner confirming the order passed by the Director of Income Tax [Exemptions], to consider the following substantial question of law.

‘Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is entitled for registration under section 12AA of the Act, though the Society had not commenced its activities whereby the genuineness of the activities of the trust was not verifiable?’

2.

Heard the learned counsel appearing for the appellants.

3.

During the course of submission, Sri. K.V. Aravind, learned Counsel for the appellants submitted that the subject matter involved in the instant case is covered by the Judgment dated 10.7.2012 passed in ITA No.182/2011

[The Director of Income Tax, Exemptions Vs. M/s. Venkatesha Education Society]. Therefore, he submitted that following the said Judgment, the instant appeal may also be dismissed.

4.

Submission of learned counsel for the appellants is placed on record.

5.

Following the Judgment dated 10.7.2012 passed in ITA No.182/2011 in the case of M/s. Venkatesha Education Society [supra] and for the reasons stated at paragraphs 13 and 14, the instant appeal is dismissed. Ordered accordingly.

Sd/- JUDGE

Sd/- JUDGE

AN/-

More judgments on Section 12AA

All 4,243 judgments and leading authorities on Section 12AA →

Recent GST High Court judgments

Search GST case law →