M/S BHUTORIA MEMORIAL TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

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ITA 834/KOL/2016Status: DisposedITAT Kolkata26 April 20172 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee's Section 12AA registration was valid, the cancellation of its Section 80G(5) registration was unjustified. The CIT(E) was directed to grant approval under Section 80G(5).

What were the facts?

The CIT(E) cancelled the trust's registration under Section 80G(5) because its Section 12AA registration had been cancelled. However, a prior ITAT order had restored the Section 12AA registration.

What were the issues?

Whether the cancellation of Section 80G(5) registration is valid when the underlying Section 12AA registration has been restored by a higher tribunal.

Which sections of the Income-tax Act were involved?

Section 80G(5),Section 12AA(3),Section 12AA(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C”, BENCH KOLKATA

Before: SHRI N.V. VASUDEVAN, JM & DR. A.L.SAINI, AM

Hearing: 05/04/2017Pronounced: 26/04/2017

O R D E R

Per Dr. Arjun Lal Saini, AM:

1.

The captioned appeal filed by the Assessee, is directed against an order passed by the ld. Commissioner of Income Tax (Exemptions) Kolkata, Under Section 80G (5) (vi) [ CIT (E)/Kol/80G/2015-16/5726 ], dated 14.03.2016. The ld CIT( Exemptions) cancelled the registration of the trust U/s 80G (5) observing that assessee`s trust Registration U/s 12AA (3) had already been cancelled. That is, since the registration of the Trust U/s 12AA(3) had cancelled therefore, the assessee trust is not entitled to enjoy the registration U/s 80G (5) of the Act and therefore, ld CIT(Exemptions) cancelled the registration with effect from 01.04.2011.

2.

Aggrieved from the order of ld CIT(E), the assessee trust is in appeal before us and prayed the Bench that Hon`ble ITAT Kolkata in dated 14.09.2016 ( in assessee`s trust own appeal) has granted the relief to the assessee trust and held the ld CIT (E) was not justified in cancelling the registration U/s 12AA(3) & 12AA(4) of the Income Tax Act. Therefore, the registration earlier cancelled U/s 12AA(3) & 12AA(4) of the Income Tax Act, has been restored because of the Hon,ble Tribunal order in ITA No. 537/Kol/2016 (supra) and therefore, the registration of assessee trust U/s 12AA is valid and effective. 3. Both the parties are heard and records have been perused. We are of the view that since the registration of assessee’s trust U/s 12AA is valid and effective therefore we cancel the order passed by the ld CIT(E) U/s 80G (5) of the Act [CIT (E)/Kol/80G/2015-16/5726], dated 14.03.2016 and direct the CIT(E) to grant approval u/s.80G(5) to the assessee. 4. In the result, the appeal filed by the assessee trust, is allowed. Order pronounced in the open court on this 26/04/2017. Sd/- Sd/- (N.V. VASUDEVAN) (DR. A.L.SAINI) �या�यक सद�य / JUDICIAL MEMBER लेखा सद�य / ACCOUNTANT MEMBER कोलकाता /Kolkata; �दनांक Dated 26/04/2017 �काश �म�ा/Prakash Mishra,Sr.PS. आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant- M/s Bhutoria Memorial Trust 1. 2. ��यथ� / The Respondent.-CIT(E), Kolkata 3. आयकर आयु�त(अपील) / The CIT(A), Kolkata. 4. आयकर आयु�त / CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता / DR, ITAT, Kolkata 5. 6. गाड� फाईल / Guard file. स�या�पत ��त //True Copy// आदेशानुसार/ BY ORDER,

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