DCIT, Bangalore V. M/s Bangalore Development Authority, Bangalore

ITA 1007/BANG/2015

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5639 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 26-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S ANNAMALAI
• Keywords: Rectification of order; Charitable institution; Set aside
• Section: 143(3); 154; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V VASUDEVAN, VICE PRESIDNET AND SHRI B.R BASKARAN, ACCOUNTANT MEMBER ITA NO.1007/BANG/2015 ASSESSMENT YEAR : 2010-11 THE DY. COMMISSIONER OF INCOME-TAX (E), CIRCLE-I, BANGALORE VS. M/S BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. APPELLANT RESPONDENT APPELLANT BY : SHRI PRADEEP KUMAR, CIT RESPONDENT BY : SHRI S ANNAMALAI, ADVOCATE DATE OF HEARING : 05.09.2019 DATE OF PRONOUNCEMENT : 20.09.2019 O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 20-04-2015 PASSED BY LD CIT(A)-14, BANGALORE AND IT RELATES TO THE ASSESSMENT YEAR 2010-11. 2. AT THE OUTSET, IT WAS NOTICED THAT THE IMPUG NED ORDER PASSED BY LD CIT(A) WAS AGAINST THE RECTIFICATION ORDER PA SSED BY THE AO U/S 154 OF THE ACT. IT WAS NOTICED THAT THE ASSESS ING OFFICER HAD PASSED THE ORIGINAL ASSESSMENT ORDER U/S 143(3) OF THE ACT, WHEREIN HE HAD DENIED EXEMPTION CLAIMED BY THE ASSESSEE U/S 11 OF THE ACT. ITA NO.1007/BANG/2015 PAGE 2 OF 4 3. IT WAS FURTHER NOTICED THAT THE MATTER RELAT ING TO DENIAL OF EXEMPTION CLAIMED BY THE ASSESSEE U/S 11 OF THE ACT WAS CARRIED TO THE ITAT AND THE TRIBUNAL, VIDE ITS ORDER DATED 03- 05-2019 PASSED IN ITA NO.789/BANG/2014, HAS HELD THAT THE ASSESSEE IS ELIGIBLE FOR EXEMPTION U/S 11 OF THE ACT. IN VIEW OF THE ABOVE SAID ORDER PASSED BY THE TRIBUNAL, THE MANNER OF COMPUTATION OF INCOM E WOULD CHANGE DRASTICALLY. UNDER THESE SET OF FACTS, WE A RE OF THE VIEW THAT THE ISSUES CONTESTED BEFORE US NEED TO BE SET ASIDE TO THE FILE OF THE AO FOR EXAMINING AFRESH, SINCE THE ASSESSEE IS HELD TO BE ELIGIBLE FOR EXEMPTION UNDER SEC.11 OF THE ACT.. 4. WHEN THESE FACTS WERE PUT TO THE NOTICE OF B OTH THE PARTIES, BOTH OF THEM AGREED THAT THE ISSUES CONTESTED IN TH IS APPEAL MAY BE RESTORED TO THE FILE OF THE AO. ACCORDINGLY, WE SE T ASIDE THE ORDER PASSED BY LD CIT(A) AND RESTORE ALL THE ISSUES TO T HE FILE OF THE AO FOR EXAMINING THEM AFRESH IN ACCORDANCE WITH THE PR OVISIONS APPLICABLE TO CHARITABLE INSTITUTIONS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2019. SD/- (N.V VASUDEVAN) VICE PRESIDENT SD/- (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, 20 TH SEPTEMBER, 2019. / VMS / ITA NO.1007/BANG/2015 PAGE 3 OF 4 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3 . THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER A SST. REGISTRAR, ITAT, BANGALORE.