2015 (10) TMI 1412

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....the Respondent : Shri D. Sudhakar Rao ORDER Saktijit Dey (Judicial Member).- I. T. A. No. 1755/Hyd/2014 This appeal of the assessee is directed against the order dated May 22, 2013 passed by the learned Director of Income-tax (Exemptions), Hyderabad under section 12AA of the Income-tax Act, 1961. 2. The only grievance of the assessee is with regard to the condition imposed by the le....

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....Tribunal, Hyderabad Bench in the case of Brahma Vidya Yogashramam Sharada Matham v. DIT(E) in I. T. A. No. 6/Hyd/2014 dated April 29, 2014. The learned Departmental representative, on the other hand, relied upon the reasoning of the learned Director of Income-tax (Exemptions). 4. Having considered the submissions of the parties, we are of the view that condition imposed by the learned Director ....

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....e, as the direction of the learned Director of Income-tax (Exemptions) is not in consonance with the statutory provision, the same is not required to be acted upon. Similar view has also been expressed by the co-ordinate Bench in the case of Brahma Vidya Yogashramam Sharada Matham v. DIT(E). In the aforesaid view of the matter, we direct the learned Director of Income-tax (Exemptions) to modify hi....

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.... within time. Accordingly, we condone the delay and admit the appeal for adjudication. 8. At the outset, the learned authorised representative submitted, in the meantime, the learned Director of Income-tax (Exemptions) has granted approval to the assessee under section 80G(5)(vi) vide order dated December 16, 2014. A copy of the order was also submitted for perusal of the Bench. He, therefore, ....