Kusumba Dhirajlal Parekh & Lila ... vs Assessee

ITA No.1099/Hyd/2014 : Assessment year 2008-09

Kusumba Dhirajlal Parekh & Lila V/s. Director of Income- Nautamlal Parekh Foundation, tax(Exemption), Hyderabad Hyderabad

(PAN - AABTK 2963 K )

(Appellant) (Respondent)

Appellant by : Smt. Manjulatha Navandhar

Respondent by : Smt. G. Aparna Rao DR

Date of Hearing 05.2.2015 Date of Pronouncement 11.2.2015

ORDER

Per P.M.Jagtap, Accountant Member :

This appeal filed by the assessee is directed against the order of the learned Director of Income-tax(Exemption), Hyderabad dated 27.3.2014, whereby he granted registration to the assessee trust under S.12AA of the Act on the condition that it shall obtain registration from the competent authority of the Government of Andhra Pradesh under S.43 of the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987, and furnish a copy of such registration in his office within a specified period.

2. We have heard the arguments of both the sides and also perused the relevant material on record. As agreed by the learned representatives of both the sides, the issue involved in this appeal is squarely covered in favour of the assessee inter alia by 2 ITA No.1099/Hyd/2014 Kusumba Dhirajlal Parekh & Lila Nautamlal Parekh Foundation, Hyderabad

the decision of the coordinate bench of this Tribunal in the case of The Timbaktu Kutumbam Foundation, Hyderabad V/s. Director of Income-tax(Exemption) Hyderabad, rendered vide order dated 17.10.2014 in ITA No.1100/Hyd/2014 for the assessment year 2012-13, wherein it was held that registration under A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987 is not required for a trust to get registered under S.12AA of the Income Tax Act, 1961, and the direction of the Director of Income- tax(Exemption) to get the assessee society registered under the said Act, while granting registration under S.12AA of the Act was not correct. Respectfully following the decision of the coordinate bench of the Tribunal, we delete the direction given by the learned Director of Income-tax(Exemption) in his impugned order to get the assessee trust registered under the S.43 of the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987 and allow this appeal of the assessee.

3. In the result, appeal of the assessee is allowed.

Order pronounced in the court on 11th February, 2015

Sd/- Sd/-

(Asha Vijayaraghavan) (P.M.Jagtap) Judicial Member Accountant Member

Dt/- 11th February, 2015

Copy forwarded to:

1. Kusumba Dhirajlal Parekh & Lila Nautamlal Parekh Foundation, C/o. M/s., Gandhi & Gandhi, Chartered Accountants, 1002, Paigah Plaza, Basheer Bagh, Hyderabad 500 063 3 ITA No.1099/Hyd/2014 Kusumba Dhirajlal Parekh & Lila Nautamlal Parekh Foundation, Hyderabad

2. Director of Income-tax(Exemption), Hyderabad

3. Asstt. Director of Income-tax(Exemption) I, Hyderabad

4. Departmental Representative, ITAT, Hyderabad.

B.V.S