TMI Blog2015 (2) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... tion) to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee society and by considering all the documents which are furnished first time before the ITAT.- Decided in favour of assessee for statistical purposes. - ITA No. 5031/Del/2013, ITA No. 5032/Del/2013 - - - Dated:- 19-12-2014 - Sh. N. K. Saini, AM And Sh. C. M. Garg, JM,JJ. For the Petitioner : Ms. Heena Khurana, CA For the Respondent : Sh. Gunjan Prasad, CIT DR ORDER Per N. K. Saini, AM: These two appeals by the assessee are directed against the common order dated 31.07.2013 of ld. DIT(Exemption), Delhi. 2. Firstly we will deal with ITA No. 5031/Del/2013. In this appeal the grievance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the year ending 31.03.3013). Thus, the society had gross receipts of ₹ 68,420/- in 2011-12 and ₹ 41,291/- in 2012-13. Against this income the society has incurred total expenses of ₹ 70,24,707/- as on 31.03.2012 and ₹ 1,07,08,978/- as on 31.03.2013. On a query as to from where these expenses have been met, it was informed that the expenses have been incurred by taking a CC limit from ICICI Bank. It was further stated that the loan taken by the society to arrange the imparting of education and advancement of the information regarding the object by way of conducting seminars etc. has been advanced by the ICICI Bank on the basis of FDRs of the company M/s Yakult Danone India (P) Ltd. Whenever the registration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical Research, Tokyo and Dr. Masanobu Nanno, Associate Director of Yakult Central Institute for Microbiological Research, Tokyo attended the seminar held at Mumbai in December, 2011 and Mr. Jean Michel Antoine, Director Nutrition, Danone Research, France, attended the seminar held at Bengaluru in December, 2012. 4. The ld. DIT(Exemption) also pointed out that the assessee foundation is named after Yakult and it is conducting its affairs out of funding drawn from CC limit granted by Yakult Danone India (P) Ltd. by way of pledging its FDRs. She pointed out that as per Wikipedia - Yakult is a probiotic milk-like product made by fermenting a mixture with special strain of the bacterium. 5. The ld. DIT(Exemption) asked the assessee to exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are published as books and distributed to health care professionals and libraries for further education. Therefore, this society is not a paid research organization of Yakult Danone India Pvt. Ltd. 6. The ld. DIT(Exemption), however, did not find merit in the above explanation of the assessee and was of the view that the activities of the assessee did not fall within the ambit of charitable organization in terms of Section 2(15) of the Act. She further observed that the objects and activities of the assessee society were in fact in the nature of sponsored research by an interested group i.e. Yakult Danone India (P) Ltd., which is commercial organization. She also observed that there is a lot of research which is being funded by the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the purpose of the assessee is to give relief to the poor, medical relief etc. which is charitable in nature as per the provisions contained in Section 2(15) of the Act. It was further stated that the ld. DIT while considering the application of the assessee for the registration u/s 12A of the Act was required to see the objects of the assessee but without considering the said objects which are charitable in nature, the ld. DIT rejected the application moved by the assessee, in an arbitrary manner. The reliance was placed on the following cases was: PIMS Medical Education Charitable Society Vs CIT-II, Chandigarh Kasyapa Veda Research Foundation Vs CIT, Calicut Social Pedia Knowledge Foundation Vs DIT(Exemptions) CIT Vs Jod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arefully gone through the material available on record. In the present case it appears that the details of the seminars and symposium etc. organized by the assessee society and the literature, newsletters and books on probiotics etc. were not furnished earlier so these were not available to the DIT(Exemption) for her examination and consideration. The claim of the assessee society for getting the registration u/s 12Aof the Act is based on these documents. We, therefore, to meet the ends of justice deem it appropriate to remand this issue back to the file of the ld. DIT(Exemption) to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee society and by considering all the docume ..... X X X X Extracts X X X X X X X X Extracts X X X X
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