Sree Sree Ramkrishna Samity Vs. DCIT (ITAT Kolkata)– since the only reason for denial of exemption u/s 11 was absence of registration u/s 12AA (which was granted to assessee society on 29.10.2010 with effect from 1.4.2010) for the relevant assessment years and on no other ground, the benefit of change in law as above by Finance Act 2014 should be available and for all the years, the benefit of exemption should be available on the date of registration as all the assessments were pending as shown above. In this connection, it requires mention specifically that all the receipts of the donation were proved on enquiry to have been received from the claimed donors and utilized for the specific purpose (construction of old age home) for which they were received. In conclusion, we hold that the insertion of the proviso to section 12A(2) of the Act has to be construed as retrospective in operation.
INCOME TAX APPELLATE TRIBUNAL, “C” BENCH, KOLKATA
Before : Shri Mahavir Singh,Judicial Member, and
Shri M. Balaganesh, Accountant Member
ITA No. 1680/2012 – Asst Year 2003-04
ITA No. 1681/2012 – Asst Year 2004-05
ITA No. 1682/2012 – Asst Year 2005-06
ITA No. 1683/2012 – Asst Year 2006-07
ITA No. 1684/2012 – Asst Year 2007-08
ITA No. 1685/2012 – Asst Year 2008-09
Sree Sree Ramkrishna Samity Vs. D.C.I.T
For the Appellant/Assessee: Shri Ananda Sen, Advocate, ld.AR
For the Respondent/Department: Dr. Adhir kr. Bar, CIT, ld.DR
Date of Hearing: 07-09-20 15
Date of Pronouncement: 9-10-2015
ORDER
SHRI M.BALAGANESH, AM
The order of assessment was framed by the Learned AO u/s 143(3) read with section 147 of the Income Tax Act (hereinafter referred to as the ‘Act’). These appeals of the assessee arise out of the order of the Learned CITA in the following manner:-
Appeal No. 26/CIT(A)/Slg/10-11 dated 25.7.20 12 for Asst Year 2003 -04
Appeal No. 27/CIT(A)/Slg/10-11 dated 25.7.20 12 for Asst Year 2004-05
Appeal No. 28/CIT(A)/Slg/10-11 dated 25.7.20 12 for Asst Year 2005 -06
Appeal No. 29/CIT(A)/Slg/10-11 dated 25.7.20 12 for Asst Year 2006-07 A
ppeal No. 30/CIT(A)/Slg/10-11 dated 25.7.20 12 for Asst Year 2007-08
Appeal No. 31/CIT(A)/Slg/10-11 dated 25.7.2012 for Asst Year 2008-09
2. As the issues involved are identical in nature, they are disposed off together by way of a common order for the sake of convenience.
3. The brief facts of these appeals are that Shree Shree Ramakrishna Samity is a society, registered under the West Bengal Society Registration Act, 1961 on 8.1986. The predominant object of the society includes promotion, development, preservation and rendering of social and cultural services in the matters of advancement of tenets and precepts of Lord Shree Shree Ram Krishna Paramhansa Dev irrespective of caste and creed of the humanity at large. The objects further include promotion of physical and mental development of youths, to make them worthy citizen for the service of the mother land, co-ordination of social, cultural and religious activities of allied organizations, organization of sevadal for rendering services to the suffering humanity, acquiring, establishment, starting, aiding, maintaining and management of schools, colleges, libraries, hospitals for the benefit of the public, helping needy students for prosecution of studies, helping the aged, sick and helpless and indigent persons, construction, maintenance, improvement, development, alteration of any building necessary by the Governing Body and to engage and assist such other philanthropic activities deemed appropriate by the Governing Body of the Society etc.
3.1. The assessee society took up the construction of an old age home since October 2000 with active financial support of the Siliguri Municipal Corporation for which contributions from the public were forthcoming and the same were duly accounted for in the audited accounts recording receipts and expenditures of the society. The said old age home was subsequently inaugurated by His Excellency the Governor of West Bengal.
3.2. The assessee society was in receipt of the following donations from various parties for the purpose of construction of old age home:-
