TMI Blog2014 (1) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... it was inappropriate on the part of the DIT(E) to have refused to grant registration alleging non-furnishing of amended trust deed - The issuer has been restored for fresh adjudication with a direction to DIT(E) to go through the draft trust deed and inform the assessee as to whether the proposed amendment carried out by the assessee with regard to irrevocability of the trust is to his satisfaction or not. - ITA.No.1116/Hyd/2013 - - - Dated:- 17-1-2014 - Shri B. Ramakotaiah And Shri Saktijit Dey,JJ. For the Appellant : Shri Y. R. Rao For the Respondent : Shri D. Sudhakar Rao ORDER Per Saktijit Dey, J. M. This appeal of the assessee is directed against the order dated 31.05.2013 passed by the DIT(E), Hyderabad refusing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on making appropriate amendment to the Trust Deed to the satisfaction of the DIT(E), the registration will be granted. Accordingly, the entire issue is remitted back to the file of the DIT(E) for fresh consideration." 4. Pursuant to the aforesaid direction of the ITAT, the DIT(E) took-up the proceeding again by issuing notice dated 22.05.2013 to the appellant to produce the original trust deed and amended/supplementary trust deed, if any, made subsequently. In response to the aforesaid notice, the appellant submitted a letter dated 31.05.2013 enclosing a draft amended trust deed signed by its AR. In the said letter the assessee requested the DIT(E) to go through the draft trust deed and accord his approval if it is to his satisfaction. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose. Since the assessee trust has not made any amendment deed so far i.e., till date i.e., till a period of 6 months from the end of the month in which the said order of the Hon'ble ITAT was received in this office, it cannot be allowed registration u/s.12AA of the Act. Hence, registration sought u/s.12AA of the Act is refused to the above trust." 5. The learned AR strongly assailing the order of the DIT(E) submitted that on the earlier occasion when the appellant had challenged the refusal of registration by the DIT(E), the Tribunal in clear terms had directed that if appropriate amendment to the trust deed is made to the satisfaction of the DIT(E), registration will be granted. Keeping in view the direction of the Tribunal, the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trust deed to the satisfaction of the DIT(E). A perusal of the draft trust deed does reveal that there is amendment to the trust deed. It is the contention of the learned A.R. that the unsigned draft trust deed was submitted before the DIT(E) only for the purpose of knowing whether the amendment carried out was to his satisfaction or not. This fact is also clear from the letter dated 31.05.2013 before the DIT(E). We also accept such contention of the assessee. In our view the approach of the assessee in submitting the draft trust deed before the DIT(E) for his approval in the given circumstances was correct, since there is certainly a genuine apprehension in the mind of the assessee as to whether the amendment carried out would be to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
