Indian National Assocation for Study of the Liver, Cuttack V. ITO Exemption, Cuttack

ITA 10/CTK/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1680 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 11-06-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 18-01-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B.N. BEHERAP.K.MISHRAHIMANSHU JENA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE MANISH AGARWAL Indian National Association for study of the Liver, AT: Department of Gastroenterology, SCB Medical College & Hospital, Cuttack PAN/GIR No (Appellant Assessee by Per Bench This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL AND MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.10/CTK/2023 Assessment Year : 2018-19 Indian National Association for study of the Liver, AT: Department of Gastroenterology, SCB Medical College & Hospital, Vs. Asst. Director of Income Tax, CPC, Bangalore 560500/ ITO (Exemption), Aayakar Bhava, Cuttack PAN/GIR No.AAATI 6221 R (Appellant) .. ( Respondent Assessee by : Shri B.N. Behera/P.K.Mishra/Himanshu Jena, Revenue by : Shri Sanjay Kumar, CIT Date of Hearing : 12/0 Date of Pronouncement : 12/0 O R D E R This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 13.12.2022 in Appeal No.CIT(A), Page1 | 4 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER , ACCOUNTANT MEMBER Asst. Director of Income Tax, CPC, Bangalore- ITO (Exemption), Aayakar Bhava, Cuttack Respondent) : Shri B.N. Behera/P.K.Mishra/Himanshu Jena, Advs Sanjay Kumar, CIT DR 06/2024 /06/2024 This is an appeal filed by the assessee against the order of the ld 13.12.2022 in Appeal No.CIT(A), ITA No.10/CTK/2023 Assessment Year : 2018-19 Page2 | 4 Cuttack/10827/2019-20 against the rejection of the rectification u/s.154 of the Act for the assessment year 2018-19. 2. Shri B.N.Behera/P.K.Mishra/Himanshu Jena, ld ARs appeared for the assessee and Shri Sanjay Kumar, Ld CIT DR appeared for the revenue. 3. It was submitted by ld AR that the assessee had filed its return of income for the relevant assessment year on 30.9.2018 and intimation u/s.143(1) came to be issued on 2.1.2020, wherein, the entire expenses of the assessee had been disallowed. It was the submission that no show cause notice had been issued to the assessee. It was the submission that the assessee had filed application u/s.154 of the Act before the Assessing Officer on 26.11.2019. In the rectification application, the assessee has specifically claimed the allowance of expenses of Rs.2,58,43,396/- which is the same amount as mentioned in the intimation. It was the submission that the Assessing Officer, on the ground that the assessee did not have registration u/s.12A of the Act denied the expenditure claimed by the assessee. It was the submission that the denial of the registration u/s.12A of the Act would not amount to disallowance of the entire expenses. It only amounts to denial of exemption. He submitted that he had no objection if the issues are restored to the file of the AO for verification of the expenses and allowance of the same. Ld CIT DR had no objection if the issues are restored to the file of the AO for verification of the expenses and allowance. ITA No.10/CTK/2023 Assessment Year : 2018-19 Page3 | 4 4. We have considered the rival submissions. The facts in the present case clearly show that the assessee is not having registration u/s.12A of the Act. Once it is found that the assessee does not have registration u/s.12A of the Act, the income of the assessee is liable to be assessed as business income. Once the total receipts of the assessee are being considered, then obviously the expenses in relation to such receipts would also have to be considered. This being so, as it is noticed that the Assessing Officer has not considered the expenses claimed by the assessee, the issues are restored to the file of the AO for examination of the various expenses claimed by the assessee and if it is found that the expenditure are incurred for the purpose of earning the income, same is liable to be allowed. 5. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 12/06/2024. Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 12/06/2024 B.K.Parida, SPS (OS) ITA No.10/CTK/2023 Assessment Year : 2018-19 Page4 | 4 Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Indian National Association for study of the Liver, AT: Department of Gastroenterology, SCB Medical College & Hospital, Cuttack 2. The Respondent: Asst. Director of Income Tax, CPC, Bangalore-560500/ ITO (Exemption), Aayakar Bhava, Cuttack 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Cuttack 5. DR, ITAT, 6. Guard file. //True Copy//