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Before: Shri M. Balaganesh
This appeal of the assessee arise out of the order of the Learned Commissioner of Income Tax, Asansol in proceedings in Memo No. CIT/Asl/12A/2012-13/2483-85 dated 21.09.2012 against non-granting of registration u/s 12AA of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) .
2. Shri.Ravi Tulsian , FCA, the Learned AR argued on behalf of the assessee and Shri.Sachidhanandh Srivastava, the Learned CIT DR argued on behalf of the revenue.
3. The only issue to be adjudicated in this appeal is whether the Learned CIT Asansol is justified in denying the registration u/s 12AA of the Act in the facts and circumstances of the case. The following grounds are raised by the assessee:-
1. That, the order passed by ld. Commissioner of income tax, Asansol, U/S 12AA of I.T ACT, 1961 without having any regard to set aside order of “BENCH-A”, I.T.A.T, KOLKATA, dt. 24.01.2012 and direction thereon is arbitrary, erroneous, invalid and bad in law. -C-AM 1 Parbati Educational Society
That, ld.CIT erred in holding that the account of society is not genuine and the appropriation of funds towards the objects and genuineness of its activities are doubtful.
That, on the facts and in the circumstances of the case, ld. CIT erred in rejecting the application filed by the appellant society U/S 12AA of the Act. AND, 4. That, the appellant society craves leave to alter, amend or substitute any ground or grounds before or at the time of hearing of the appeal case.
We have heard the rival submissions and perused the materials on record. We find that the Learned CIT while rejecting the application u/s 12AA of the Act noted that the fact argued by Learned Counsel before him regarding income and expenditure account that the society has paid an amount of Rs. 4,00,000/- out of funds of Rs. 6,12,216/- in Financial Year 2009-10 is not correct. The Learned CIT also states that the payments of Rs. 4,00,000/- in Financial Year 2009-10 and another payment of Rs. 4,50,000/- in Financial Year 2010-11 were made to R.S.Construction for construction of building for setting up a Teachers Training Institute under this assessee trust. On earlier occasion, this tribunal had set aside the appeal to the file of the Learned CIT to consider the various letters filed by the assessee to support its contentions about the genuineness of the aforesaid transactions . But we find that the Learned CIT had not considered the submissions of the asssessee’s letters and evidences filed in this regard . Hence in the interest of justice and fair play, we deem it fit and appropriate, to set aside this appeal to the file of the Learned CIT again for denovo adjudication of the entire issue and decide the grant of registration afresh in accordance with law. Needless to mention that the assessee be given reasonable opportunity of being heard. The assessee is given liberty to submit all relevant documents and evidences in support of its contentions before the Learned CIT. -C-AM 2 Parbati Educational Society
In the result, the appeal of the assessee is allowed for statistical purposes. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 9 / 10/2015
Sd/- ( Mahavir Singh, Judicial Member ) Sd/- (M. Balaganesh, Accountant Member) Date 9/10/2015 Copy of the order forwarded to: 1.. The Appellant: Parbati Educational Society S.B Gorai Road, Asansol 713301. 2 The Respondent-Commissioner of Income Tax Asansol, Parmer Building G.T Road(W), Asansol 713304 Dist_Burdwan