Baroda Cricket Association, Vadodara V. The Dy.CIT, (Exemption), Circle-5., Ahmedabad

ITA 1043/AHD/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 2917 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 26-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P VAISHNAV
• Section: 263

Judgement Text

ITA NO. 1043/AHD/2016 BARODA CRICKET ASSOCIATION VS. DCIT ASSESSMENT YEAR: 2009-10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH D , AHMEDABAD [CORAM: JUSTICE P P BHATT, PRESIDENT, AND PRAMOD KU MAR, VICE PRESIDENT] ITA NO: 1043/AHD/2016 ASSESSMENT YEAR: 2009-10 BARODA CRICKET ASSOCIATION .....APPELLA NT BCA HOUSE, 78, HARI BHAKTI EXTENSION RACE COURSE, VADODARA 390 007 [PAN: AAAAB1410E] VS DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE 2, AHMEDABAD ..........RESPONDENT APPEARANCES BY S N SOPARKAR ALONGWITH BHAVIN MARFATIA AND PARIN SHAH, FOR THE APPELLANT O P VAISHNAV FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 5, 2018 DATE OF PRONOUNCEMENT : MARCH 04, 2019 O R D E R PER PRAMOD KUMAR VP: 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HA S CHALLENGED CORRECTNESS OF THE ORDER DATED 16 TH FEBRUARY 2016 PASSED BY THE COMMISSIONER OF INCOME TAX, IN EXERCISE OF HIS POWERS UNDER SECTION 263 R.W.S. 143 (3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2009-10. 2. GRIEVANCE OF THE ASSESSEE, IN SUBSTANCE, IS THAT , ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, LEARNED COMMISSIONER ERR ED IN LAW AND ON FACTS IN ASSUMING JURISDICTION UNDER SECTION 263 AND IN DIRE CTING THE ASSESSING OFFICER TO CONSIDER THE ACCUMULATED INCOME OF RS 1,00,00,000 AND RS 60,00,000 FOR THE ASSESSMENT YEARS 2007-08 AND 2008-09 RESPECTIVELY A ND THE AMOUNT OF RS 14,97,06,406 RECEIVED AS CORPUS DONATION WHICH WAS STATED TO BE IN NATURE OF VOLUNTARY DONATIONS. 3. TO ADJUDICATE ON THIS APPEAL, IT IS SUFFICIENT T O TAKE NOTE OF THE FACT THAT VIDE OUR ORDER DATED 24 TH JANUARY, 2019, IN ASSESSEES OWN CASE, THESE ISSUE S, WHICH ARE FOUNDATIONAL TO THE REVISION PROCEEDINGS, HAVE BEEN DECIDED IN FAVOUR OF THE ASSESSEE. THERE IS, AS SUCH, NO QUESTION OF THE REL ATED ASSESSMENT ORDER UNDER SECTION 143(3), WHICH IS SUBJECTED TO REVISION PROCEEDINGS, BEING HELD TO BE ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE. LEARNED REPRESENTATIVES HAD FAIRLY AGREED ITA NO. 1043/AHD/2016 BARODA CRICKET ASSOCIATION VS. DCIT ASSESSMENT YEAR: 2009-10 PAGE 2 OF 2 THAT THE ISSUES WERE TO BE DECIDED IN FAVOUR OF THE ASSESSEE ON MERITS, THE PRESENT REVISION ORDER WILL HAVE TO BE QUASHED. 4. IN VIEW OF THE ABOVE DISCUSSIONS, AND BEARING IN MIND ENTIRETY OF THE CASE, WE VACATE THE IMPUGNED REVISION ORDER. THE ASSESSEE GE TS THE RELIEF ACCORDINGLY. 5. IN THE RESULT, THE APPEAL IS ALLOWED. PRONOUNCE D IN THE OPEN COURT TODAY ON THE 4 TH DAY OF MARCH, 2019. SD/- SD/- JUSTICE P P BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) AHMEDABAD, DATED 4 TH DAY OF MARCH, 2019 COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ETC TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD