9911796707
TMI Blog2019 (9) TMI 1502X X X X Extracts X X X X X X X X Extracts X X X X ..... as an Association and as per the provisions of sec.10(21) of the Act, exemption is available only to an Association. But once the fact that the Assessee-society is engaged in research work regarding agriculture related activities and it is recognized as a leading National Body in the field of Research in Bio-Technology and Toxicology. Further, the Central Board of Direct Taxes has classified the Assessee-society as an Association in the year 1997, after due verification of its object as well as its activities and there is no change in the objectives of the Assessee-society from its inception till date. In view of these facts and circumstances of the case and respectfully following the Tribunals decision cited supra, we hold that the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tution" as "Association". 2.2. The ld.CIT(A) failed to appreciate the fact that the DGIT(Exemption) has passed revision order u/s.154 on 12.07.2006 vide F.No.DGIT(E)/TN-43/154/35(1)(iii)/2006-07/630 categorizing the assessee as institution only for the purpose of Sec.35(1)(iii) of the Act and thus reversed the earlier order dated 08.02.2006. 2.3 The ld.CIT(A) ought to have held tht the categorization as Institution of the assessee deprives the assessee of the Exemption u/s.10(21) of the Act which is available only to an assessee categorized as Association for the purpose of Sec.35(1)(ii) of the Act. 2.4 The ld.CIT(A) erred by relying on the THE INCOME TAX APPELLATE TRIBUNAL order passed for assessment year 1997- 98 in ITA No.2309/Mds/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that except the change in the name, there is no change in the objectives of the Assessee-society since its inception and this change was effected by the Registrar of Societies on May, 2002 wherein it is certified that the Society "FREDRICK INSTITUTE OF PLANT PROTECTION AND TOXICOLOGY (FIPPAT) changed its name as INTERNATIONAL INSTITUTE OF BIO TECHNOLOGY AND TOXICOLOGY (IIBAT)" It is a fact that the Assessee-society is a registered society engaged in scientific research activities and ever since its inception it is engaged with the objectives of the research in plan protection, toxicology and related areas which taken out from the object of the Society reads as under: 1. To conduct studies on plant protection, dissipation/environmental fat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, the Central Board of Direct Taxes has classified the Assessee-society as an Association in the year 1997, after due verification of its object as well as its activities and there is no change in the objectives of the Assessee-society from its inception till date. In view of these facts and circumstances of the case and respectfully following the Tribunals decision cited supra, we hold that the Assessee is entitled to exemption under sec.1O(21) of the Act as the Assessee-society is engaged in research work in agriculture related activities." As it is noticed that the decision of the Co-ordinate Bench of this Tribunal has been followed by the ld.CIT(A) for the assessment year 1997-98, 2000-01 and 2012-13, 2013-14 and 2014-15, and the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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