Rai University,, Ahmedabad vs Assessee

ौी एन0एस0 सैनी, लेखा सदःय एवं ौी कुल भारत, याियक सदःय के सम& BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER MA No. 15/Ahd/2014 (Arising out of ITA No. 815/Ahd/2013) Assessment Year : -

Rai University, Director of Income Tax Saroda Post, Vs (Exemption), Dholka, Ahmedabad Ahmedabad PAN : AABAR 4376 A अपीलाथ(/ Appellant ू+यथ( / Respondent

Assessee(s) by : Shri M.G. Patel, AR Revenue by : Shri Roopchand, Sr. DR.

सुनवाई क- तार ख/ / Date of Hearing : 17.04.2015 घोषणा क- तार ख /Date of Pronouncemen t : 11.06.2015

आदे श/O R D E R

PER SHRI KUL BHARAT, JUDICIAL MEMBER

This is a Miscellaneous Application filed by the Assessee against the order of the Tribunal dated 19.12.2013 passed in ITA No.815/Ahd/2013.

2. We have heard the rival submissions, perused the orders of the lower authorities and material available on record. In the instant case, the AR of the assessee submitted that there was a mistake apparent from the record regarding the finding of the Tribunal recorded in ITA No.815/Ahd/2013 dated 19.12.2013 in respect of remitting the matter back to the ld. DIT(E), Ahmedabad for fresh decision. The relevant operative portion of the order reads as under:-

"4.1. The objection of the ld. DIT (E) was that the assessee did not furnish the trust- deed/memorandum of article/memorandum of association, whereby the objects and notifications can be ascertained. On the contrary, the contention of the ld. Counsel for the assessee is that the trust is registered under Gujarat Private University Act and as per the Gujarat Government Gazette dated 11.04.2012, it is mentioned the trust registration MA No.15/Ahd/2014 (Arising out of ITA No.815/Ahd/2013) Rai University -2- No.5539 dated 01.08.1996. After hearing the rival submissions and the documents filed by the assessee during the course of hearing, it would be appropriate if the matter is restored back to the file of the ld. DIT(E) for fresh decision. The order of ld. DIT(E) is hereby set aside and the appeal is restored back to the file of DIT(E) for fresh decision. The DIT(E) is directed to consider the documents as filed by the assessee, i.e., deed of trust and decide this issue in the light of various case-laws relied upon by the ld. Counsel for the assessee. The assessee shall furnish all the required details in support of its contention before the ld. DIT(E). Thus, grounds of assessee's appeal are allowed for statistical purposes only.""

3. At the time of hearing the Miscellaneous Application, the ld. Authorized Representative for the assessee contended that the applicant-assessee was established under the provisions of Gujarat Private Universities Act, 2009 and there cannot be any separate instrument like deed of trust in case of assessee; therefore, he submitted that the matter may be recalled and decided on merit as there was a mistake apparent from the record regarding the finding of the Tribunal dated 19.12.2013.

4. On the other hand, the ld. Departmental Representative supported the order of the Tribunal and submitted that there was no mistake apparent from the record which requires rectification.

5. We do not find any merit in the Miscellaneous Application of the assessee. We find that the assessee-University is following the rules and regulations of the Gujarat Private University Act, 2009 and did not provide either Trust Deed or Memorandum of Article or Memorandum of Association whereby the objects and notifications can be ascertained. As per law, for granting registration u/s 12AA, the CIT(E)/DIT(E) must be satisfied with the objects of the trust or the institution; whether the trust is irrevocable or revocable; and in case of irrevocable, a dissolution clause that the properties of the trust will not go to either the settler or any trustee but will go to the similar trust carrying on similar objects etc., which can only be verified at the end of CIT(E)/DIT(E). Therefore, the Tribunal has rightly restored the matter back to the file of the DIT(E) for deciding the issue afresh in light of various documents submitted by the assessee in support of its contentions as well as various judicial pronouncements as relied upon by MA No.15/Ahd/2014 (Arising out of ITA No.815/Ahd/2013) Rai University -3-

the ld. Counsel for the assessee. Therefore, we do not find any merit in this Miscellaneous Application of the assessee and accordingly, the same is dismissed.

6. In the result, the Miscellaneous Application is dismissed.

Order pronounced in the Court on 11th June, 2015 at Ahmedabad.

Sd/- Sd/-

( N.S. SAINI) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 11/06/2015 *Biju T.

आदे श क- ूितिल2प अमे2षत/Copy षत of the Order forwarded to : 1. अपीलाथ( / The Appellant 2. ू+यथ( / The Respondent. 3. संबंिधत आयकर आयु4 / Concerned CIT 4. आयकर आयु4(अपील) / The CIT(A)

5. 2वभागीय ूितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad

6. गाड8 फाईल / Guard file.

आदे शानुसार/ BY ORDER,

TRUE COPY उप/सहायक पंजीकार (Dy./Asstt.Registrar) उप/ आयकर अपीलीय अिधकरण, अिधकरण, अहमदाबाद / ITAT, Ahmedabad