The Punjab Building & Other Construction Workers Welfare Board, Chandigarh V. ACIT, Chandigarh

ITA 1094/CHANDI/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 90085 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 06-04-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 10-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR AMA RVEER SINGH
• Assessee Lawyers: RAKESH MARWAHA
• Keywords: Opportunity of being heard
• Section: 12A; 12AA; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.R.SOOD, ACCOUNTANT MEMBER ITA NO. 1094/CHD/2014 ASSESSMENT YEAR: 2011-12 THE PUNJAB BUILDING & OTHER VS THE ACIT, CONSTRUCTION WORKERS CIRCLE 2(1), WELFARE BOARD, CHANDIGARH. 17 BAY BUILDING, SECTOR 17, CHANDIGARH. PAN: AAALP0698P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAKESH MARWAHA RESPONDENT BY : DR. AMARVEER SINGH DATE OF HEARING : 06.04.2015 DATE OF PRONOUNCEMENT : 08.04.2015 O R D E R PER BHAVNESH SAINI,JM THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORD ER OF LD. CIT(APPEALS), CHANDIGARH DATED 18.09.2014 FOR ASSESSMENT YEAR 2011-12. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT THE ASSES SEE CLAIMED EXEMPTION OF INCOME UNDER SECTION 11 OF THE INCOME TAX ACT. THE ASSESSING OFFICER NOTED THAT ASSESSEE HAS BEEN REGISTERED UNDER SECTION 12AA OF THE ACT FROM ASSES SMENT YEAR 2012-13. THEREFORE, INCOME OF THE ASSESSEE WO ULD NOT 2 BE EXEMPT UNDER SECTION 11 OF THE ACT. THE LD. CIT (APPEALS) ALSO ON THE SAME REASONING THAT NO REGISTRATION UND ER SECTION 12A HAVE BEEN GRANTED FOR THE YEAR UNDER CONSIDERATION, DISMISSED APPEAL OF THE ASSESSEE. 3. THE LD. COUNSEL FOR THE ASSESSEE FILED THE COPY OF THE ORDER UNDER SECTION 12AA OF THE INCOME TAX ACT DATE D 19.02.2015 PASSED BY LD. COMMISSIONER OF INCOME TAX (EXEMPTION) UNDER SECTION 12AA OF THE ACT GRANTING REGISTRATION OF THE ASSESSEE FROM ASSESSMENT YEAR 2010-11 UNDER SECTION 12AA OF THE ACT. 4. AFTER HEARING BOTH THE PARTIES, WE ARE OF THE VI EW THE MATTER REQUIRES RE-CONSIDERATION AT THE LEVEL OF TH E ASSESSING OFFICER. SINCE ASSESSEE HAS BEEN GRANTED REGISTRATION UNDER SECTION 12AA VIDE ORDER DATED 19 .02.2015 FROM ASSESSMENT YEAR 2010-11, THEREFORE, IT WILL AP PLY TO THE ASSESSMENT YEAR UNDER APPEAL AS WELL. THE INCOME O F THE ASSESSEE, THEREFORE, SHALL HAVE TO BE COMPUTED UNDE R SECTION 11 IN VIEW OF THE REGISTRATION GRANTED TO THE ASSES SEE UNDER SECTION 12AA OF THE INCOME TAX ACT SUBJECT TO FULFI LLING THE CONDITIONS OF THE PROVISIONS OF LAW. 5. WE, ACCORDINGLY, SET ASIDE THE ORDERS OF AUTHORI TIES BELOW AND RESTORE THE MATTER IN ISSUE TO THE FILE O F ASSESSING OFFICER WITH DIRECTION TO PASS THE ASSESSMENT ORDER FRESH IN THE LIGHT OF THE REGISTRATION GRANTED TO ASSESSEE U NDER SECTION 12AA OF THE ACT. THE ASSESSING OFFICER SHALL GIVE 3 REASONABLE SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH APRIL, 2015. SD/- SD/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 8 TH APRIL,2015. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT CHANDIGARH