JB Educational Society , Hyderabad V. Commissioner of Income Tax, (Exemptions), Hyderabad

ITA 107/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0814 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 30-06-2021
• Assessment Year: misc
• Appeal Filed On: 28-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P CHANDRA SEKHAR
• Assessee Lawyers: S RAMA RAO
• Section: 12A; 12AA; 10(23C); 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 107 /HYD/20 20 JB EDUCATIONAL SOCIETY, HYDERABAD. PAN: AAATJ 3217 A VS. CIT (E), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: SHRI P. CHANDRA SEKHAR, DR ITA NO. 108 /HYD/20 20 JOGINAPALLY BR EDUCATIONAL SOCIETY, HYDERABAD. PAN: AAATJ 4159 P VS. CIT (E), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: SHRI P. CHANDRA SEKHAR, DR DATE OF HEARING: 30/06/2021 DATE OF PRONOUNCEMENT: 05 /07/2021 ORDER PER A. MOHAN ALANKAMONY, AM.: BOTH THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEES AGAINST THE ORDERS OF THE LD. CIT (EXEMPTIONS), HYDERABAD IN F.NOS. CIT (E)/HYD/16 2 & 17 (05)/12A/2 019 - 20, DATED 23/11/2019 PASSED U/S. 12AA(1)(B)(II) OF THE ACT. 2. AT THE OUTSET, THE LD. AR FOR THE AS SESSEE PLACED BEFORE US LETTER S DATED 29/06/ 2021 AND SUBMITTED THAT THE ASSESSEE GOT RELIEF PURSUANT TO CIT (E)S ORDER DATED 6/01/2020 WHEREIN THE LD. CIT (E) GRANTED APPROVAL TO THE ASSESSEE U/S. 10(23C)(VI) . IT WAS FURTHER MENTIONED THAT ACCORDINGLY TO THE NEWLY INSERTED PROVISO TO SECTION 12AA, FOR THE ASSESSEE THERE IS NO REQUIRED TO OBTAIN REGISTRATION U/S. 12AA SINCE THE ASSESSEE HAS ALREADY BEEN GRANTED APPROVAL U/S. 10(23C) OF THE ACT. THEREFORE, THE ASSESSEE S DESIRE TO WITHDRAW THEIR PRESENT APPEAL S . THE RELEVANT PORTION FROM THE ASSESSEES LETTER (SUPRA) IS EXTRACTED HEREIN BELOW FOR REFERENCE: - 9. IT IS SUBMITTED THAT IN THE MEANTIME THE APPELLANT ALSO FILED AN APPLICATION FOR GRANT OF REGISTRATIO N U/S. 10(23C) OF THE IT ACT FOR THE ASSESSMENT YEARS 2016 - 17 AND ONWARDS. THE HONBLE ITAT VIDE ORDER DATED 20/12/2019 DIRECTED THAT APPROVAL U/S. 10(23C) BE GRANTED FOR THE ASSESSMENT YEAR 2016 - 17 AND ONWARDS. THE CIT CONSEQUENTLY VIDE ORDER DATED 06 /01/2020 GRANTED APPROVAL U/S. 10(23C)(VI) OF THE ACT. THERE IS AN AMENDMENT TO SECTION 11 WHICH AMENDED SUB - SECTION (7) AND ALSO INSERTED A PROVISO TO SUB - SECTION (7). BECAUSE OF THE AMENDMENT, SECTION 10(23C) AND SECTION 11 DO NOT OPERATE TOGETHER. IF SECTION 11 WERE TO BE GRANTED, APPROVAL GRANTED U/S. 10(23C) HAS TO BE WITHDRAWN. THE APPELLANT IS ALREADY GRANTED APPROVAL U/S. 10(23C) OF THE ACT. THEREFORE, THERE IS NO REQUIREMENT FOR THE APPELLANT TO OBTAIN THE REGISTRATION U/S. 12AA OF THE ACT AS ACCORDINGLY TO THE NEWLY INSERTED PROVISO, BOTH CANNOT EXIST. 10. IN VIEW OF THE ABOVE, THE APPELLANT IS OF THE VIEW THAT THE APPE AL FILED MAY BE TREATED AS REDUNDANT WITHOUT PREJUDICE TO THE CONTENTION THAT AN APPLICATION FOR REGISTRATION U/S. 12A CAN 3 ALWAYS BE FILED EVEN REGISTRATION EARLIER GRANTED U/S. 12A WAS CANCELLED. 3. FURTHER O N PERUSAL OF THE LETTER S DATED 30 /0 6 /2021 FILED BY THE ASSESSEE S SEEKING PERMISSION TO WITHDRAW THEIR PRESENT APPEAL S , WE PERMIT THE ASSESSEE S TO WITHDRAW THESE APPEAL S . 4. IN THE RESULT, TWO APPEAL S FILED BY THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 05 TH JULY, 2021 . SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 05 TH JULY , 2021 OKK COPY TO: - 1) J.B. EDUCATIONAL SOCIETY, H.NO. 6 - 3 - 248/1/1A, 4 TH FLOOR, BHASKAR PLAZA, ROAD NO.1, BANJARA HILLS, HYDERABAD 500 034. (II) JOGINPALLY BR EDUCATIONAL SOCIETY , H.NO. 6 - 3 - 248/1/1A, 4 TH FLOOR, BHASKAR PLAZA, ROAD NO.1, BANJARA HILLS, HYDERABAD 500 034. 2) CIT (EXEMPTIONS), 2 ND FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 500 029. 3) THE ADDL. CIT (EXEMPTIONS), HYDERBAAD. 4) THE DR, ITAT, HYDERABAD 5) GUARD FILE