DCIT (Exemptions) Chennai Circle, CHENNAI V. Jesus Calls, CHENNAI

ITA 1010/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6756 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Keywords: Charitable institution

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , ( BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.1010/CHNY/2018 /ASSESSMENT YEAR: 2008-09 THE DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHENNAI CIRCLE, AAYAKAR BHAVAN, ANNEXE BUILDING, III FLOOR, 121, M.G.ROAD, NUNGAMBAKKAM, CHENNAI-600 034. VS. M/S.JESUS CALLS, NO.16, DR. D.G.S. DHINAKARAN ROAD, CHENNAI-600 028. [ PAN: AAATJ 0173 F ] ( * /APPELLANT) ( +,* /RESPONDENT) DEPARTMENT BY : MR.B.SAGADEVAN, JCIT ASSESSEE BY : NONE . /DATE OF HEARING : 15.04.2019 . /DATE OF PRONOUNCEMENT : 15.04.2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-17, CHENNAI, I N ITA NO.143/13-14 DATED 17.01.2018 FOR THE AY 2008-09. 2. MR. B.SAGADEVAN, JCIT, REPRESENTED ON BEHALF OF THE REVENUE AND NONE REPRESENTED ON BEHALF OF THE ASSESSEE. ITA NO.1010/CHNY/2018 :- 2 -: 3. AN ADJOURNMENT LETTER HAS BEEN FILED ON BEHALF O F THE ASSESSEE. AS THE ADJOURNMENT LETTER IS GENERAL IN NATURE, THE SA ME IS REJECTED AND THE APPEAL IS DISPOSED OFF ON MERITS. IN THE REVENUES APPEAL, THE REVENUE HAS CHALLENGED THE ACTION OF THE LD.CIT(A) IN HOLDI NG THAT THE ASSESSEE IS ELIGIBLE TO SET OFF OF BROUGHT FORWARD EXCESS APPLI CATION OF FUNDS TO THE SUBSEQUENT YEARS. THE LD.DR VEHEMENTLY SUPPORTED T HE ORDER OF THE AO. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD.DR. 5. A PERUSAL OF THE FACTS IN THE PRESENT CASE CLEAR LY SHOWS THAT THE LD.CIT(A) HAS DECIDED THE ISSUE IN FAVOUR OF THE AS SESSEE BY FOLLOWING THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COUR T IN THE CASE OF CIT V. MATRISEVA TRUST REPORTED IN 242 ITR 20 (MAD) AS ALS O THE DECISIONS OF VARIOUS OTHER HONBLE HIGH COURTS. THE ISSUE IS NO W SQUARELY COVERED BY THE DECISION OF THE HONBLE SUPREME COURT IN THE CA SE OF CIT(E) V. SUBROS EDUCATIONAL SOCIETY REPORTED IN 303 CTR 1/166 DTR 2 57 (SC), WHEREIN, IT HAS BEEN HELD THAT ANY EXCESS EXPENDITURE INCURRED BY THE TRUST/CHARITABLE INSTITUTION IN THE EARLIER YEARS COULD BE ALLOWED T O BE SET OFF AGAINST INCOME OF SUBSEQUENT YEARS. AS IT IS NOTICED THAT THE ISSUE IS NOW SQUARELY COVERED BY THE DECISION OF THE HONBLE HIG H COURT IN THE CASE OF CIT V. MATRISEVA TRUST AS ALSO THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF CIT(E) V. SUBROS EDUCATIONAL SOCIETY , REFERRED TO SUPRA, RESPECTFULLY FOLLOWING THE PRINCIPLES LAID DOWN BY THE HONBLE SUPREME ITA NO.1010/CHNY/2018 :- 3 -: COURT IN THE CASE OF CIT(E) V. SUBROS EDUCATIONAL S OCIETY, THE FINDINGS OF THE LD.CIT(A) ON THIS ISSUE STANDS CONFIRMED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 15 TH DAY OF APRIL, 2019 IN CHENNAI. SD/- SD/- ( ) ( INTURI RAMA RAO ) /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) /JUDICIAL MEMBER /CHENNAI, 3 /DATED: 15 TH APRIL, 2019. TLN . +45 65 /COPY TO: 1. * /APPELLANT 4. 7 /CIT 2. +,* /RESPONDENT 5. 5 + /DR 3. 7 ( ) /CIT(A) 6. /GF