AMERICAN SCHOOL OF BOMBAY EDUCATION TRUST, MUMBAI V. DDIT (E)-II(2), MUMBAI

CO 240/MUM/2009

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 7055 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-02-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 18-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS USHA NAIR
• Assessee Lawyers: P F KAKA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 3783 & 3784/MUM/2009 (ASSESSMENT YEAR: 2005-06 & 2004-05) DDIT(E)-II(2) AMERICAN SCHOOL OF BOMBAY 5TH FLOOR, PIRAMAL CHAMBERS EDUCATION TRUST LALBAUG, MUMBAI 400012 VS. SF-2, G-BLOCK, BANDRA KURLA COMPLEX BANDRA (E), MUMBAI PAN - AAATT 9038 K APPELLANT RESPONDENT ITA NO. 5769 & 5770/MUM/2009 (ASSESSMENT YEAR: 2004-05 & 2005-06) AMERICAN SCHOOL OF BOMBAY DDIT(E)-II(2) EDUCATION TRUST 5TH FLOOR, PIRAMAL CHAMBERS SF-2, G-BLOCK, BANDRA KURLA COMPLEX VS. LALBAUG, MUMBAI 400012 BANDRA (E), MUMBAI PAN - AAATT 9038 K APPELLANT RESPONDENT CO NO. 241 & 240/MUM/2009 (IN ITA NO. 3784 & 3783/MUM/2009) (ASSESSMENT YEAR: 2004-05 & 2005-06)) AMERICAN SCHOOL OF BOMBAY DDIT(E)-II(2) EDUCATION TRUST 5TH FLOOR, PIRAMAL CHAMBERS SF-2, G-BLOCK, BANDRA KURLA COMPLEX VS. LALBAUG, MUMBAI 400012 BANDRA (E), MUMBAI PAN - AAATT 9038 K CROSS OBJECTOR APPELLANT IN APPEAL REVENUE BY: MRS. USHA NAIR ASSESSEE BY: SHRI P.F. KAKA DATE OF HEARING: 23.02.2012 DATE OF PRONOUNCEMENT: 07.03.2012 ITA NO. 3783, 3784, 5769 & 5770/M/2009 AMERICAN SCHOOL OF BOMBAY EDUCATION TRUST 2 O R D E R PER D. MANMOHAN, V.P. THESE ARE CROSS APPEALS AS WELL AS CROSS OBJECTIONS PERTAINING TO ASSESSMENT YEARS 2004-05 AND 2005-06. 2. AT THE TIME OF HEARING THE LEARNED COUNSEL APPEARIN G ON BEHALF OF THE ASSESSEE SUBMITTED THAT THOUGH SEVERAL GROUNDS ARE URGED BY THE REVENUE AS WELL AS THE ASSESSEE, THE MAIN ISSUE AROSE FROM THE CLAIM OF EXEMPTION UNDER SECTION 10(23C)(VI) OF THE INCOME TAX ACT, 19 61. IT WAS SUBMITTED THAT ON IDENTICAL FACTS AND CIRCUMSTANCES THE ITAT H B ENCH MUMBAI IN ASSESSEES OWN CASE FOR ASSESSMENT YEARS 2002-03 & 2003-04 (ITA NO. 2586/MUM/2008, ITA NO. 2587/MUM/2008, ITA NO. 2699/ MUM/2008 & ITA NO. 2700/MUM/2008) HAD SET ASIDE THE ISSUE TO T HE FILE OF THE A.O. WITH THE FOLLOWING OBSERVATIONS: - 3. WHEN THE APPEALS FOR THE A.YS. 1999-2000 TO 200 1-02 CAME-UP BEFORE ITAT, MUMBAI, ALL THE MATTERS WERE RESTORED TO THE A.O. WITH A DIRECTION TO DECIDE THE SAME AFTER DISPOSAL OF THE ASSESSEES APPLICATION PENDING BEFORE THE CBDT SEEKING EXEMPTI ON U/S. 10(23C)(VI) OF THE ACT. SO FAR AS A.YS. 2002-03 & 2 003-04 ARE CONCERNED, THE ASSESSEE HAS FILED AN APPLICATION FO R GETTING EXEMPTION BEFORE THE CHIEF COMMISSIONER OF INCOME-T AX (IN SHORT CCIT) AND APPLICATION WAS REJECTED AS LD. CCIT DECL INED TO GRANT EXEMPTION TO INCOME FROM TAX U/S. 10(23C)(VI) OF TH E INCOME-TAX ACT TO THE ASSESSEE TRUST. THE ASSESSEE FILED THE WRIT PET ITION ON 25.01.2010 AND NOW THE SAME IS PENDING DISPOSAL. AS THE CORE I SSUE OF GRANTING TOTAL EXEMPTION TO INCOME IS PENDING BEFORE THE CBD T AS WELL AS WRIT PETITION IS ALSO PENDING BEFORE THE HON'BLE HIGH CO URT OF BOMBAY, WE CONSIDER IT FIT TO RESTORE ALL THE APPEALS AS WELL AS CROSS OBJECTIONS TO THE FILE OF THE A.O. TO DECIDE THE SAME AFTER THE D ECISION OF THE WRIT PETITION PENDING BEFORE THE HON'BLE HIGH COURT OF B OMBAY WHICH IS CONCERNED WITH THE IMPUGNED ASSESSMENT YEARS BEFORE US. WE, THEREFORE, SET ASIDE THE ORDERS OF THE LD. CIT(A) I N BOTH THE ASSESSMENT YEARS AND RESTORE THE MATTERS TO THE FIL E OF THE A.O. WITH THE DIRECTION TO DECIDE THE SAME AFTER THE DECISION OF THE HON'BLE HIGH COURT OF BOMBAY ON THE WRIT PETITION FILED BY THE A SSESSEE, CHALLENGING THE ORDERS OF THE LD. CCIT. THE ASSESSE E IS ALSO DIRECTED TO FILE THE COPY OF THE DECISIONS/ JUDGEMENT OF THE HON'BLE HIGH COURT AFTER THE WRIT PETITION IS DECIDED AT THE EARLIEST BEFORE THE A.O. 3. THE LEARNED COUNSEL FOR THE ASSESSEE REQUESTED FOR SIMILAR DIRECTIONS IN THIS CASE ALSO. ITA NO. 3783, 3784, 5769 & 5770/M/2009 AMERICAN SCHOOL OF BOMBAY EDUCATION TRUST 3 4. THE LEARNED D.R. HAS NOT RAISED ANY OBJECTION IN TH IS REGARD. 5. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE WE R ESTORE ALL THE APPEALS AS WELL AS THE CROSS OBJECTIONS TO THE FILE OF THE A.O. WITH A DIRECTION TO HIM TO DECIDE THE ISSUE AFTER THE DECISION OF TH E COURT IN WRIT PETITION PENDING BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT MUMBAI. 6. IN THE RESULT, ALL THE APPEALS AS WELL AS THE CROSS OBJECTIONS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH MARCH 2012. SD/- SD/- (B. RAMAKOTAIAH) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 7 TH MARCH 2012 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXX, MUMBAI 4. THE CIT DIT (EXEMPTION), MUMBAI CITY 5. THE DR, A BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.