ACIT, Central Circle - XXIII, Kolkata, Kolkata V. M/s. JIS Foundation, Kolkata

ITA 1207/KOL/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83051 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2014
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 17-08-2012
• Court: TRIBUNAL
• Department Lawyers: ATHAR H CHAUDHURY JDI T
• Section: 143(3); 12A; 12; 11

Judgement Text

, A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA () BEFORE , /AND , ! ) [BEFORE SHRI MAHAVIR SINGH, JM & SHRI SHAMIM YAHYA, AM] ' / I.T.A NO.1207/KOL/2012 #$ %&/ ASSESSMENT YEAR: 2009-10 ASSISTANT COMMISSIONER OF INCOME-TAX, VS. M/S. JI S FOUNDATION CENTRAL CIRCLE-XXIII, KOLKATA. (PAN:AAAAJ1860A) (() /APPELLANT ) (*+()/ RESPONDENT ) DATE OF HEARING: 11.08.2014 DATE OF PRONOUNCEMENT: 13.08.2014 FOR THE APPELLANT: SHRI ATHAR H. CHAUDHURY, JDIT, SR. DR FOR THE RESPONDENT: SHRI ANIL KOCHAR, ADVOCATE / ORDER PER SHRI MAHAVIR SINGH, JM : THIS APPEAL BY REVENUE IS ARISING OUT OF ORDER OF C IT(A), CENTRAL-III, KOLKATA IN APPEAL NO. 87/CC-XXIII/CIT(A)C-III/11-12/KOL DATED 21.06.2 012. ASSESSMENT WAS FRAMED BY ACIT,CC-XXIII, KOLKATA U/S. 143(3) OF THE INCOME-TA X ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2009-10 VIDE HIS ORD ER DATED 26.12.2011. 2. THE ONLY ISSUE IN THIS APPEAL OF REVENUE IS AGAI NST THE ORDER OF CIT(A) DELETING THE DISALLOWANCE OF EXEMPTION U/S. 11 OF THE ACT. FOR THIS, REVENUE HAS RAISED FOLLOWING GROUND NO.1: 1. THAT LD. CIT(A) HAS ERRED IN ALLOWING ASSESSEE S APPEAL WITHOUT APPRECIATING THE TOTALITY OF CIRCUMSTANCES OF THE CASE AND MATERIAL BROUGHT ON RECORDS BY THE AO DURING THE COURSE OF ASSESSMENT PROCEEDINGS. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. BRIEFLY STATED FACTS ARE THAT THE ASSESSEE TRUST GR ANTED REGISTRATION U/S. 12A OF THE ACT ON 24.03.2000. CIT, C-III, KOLKATA CANCELLED THE REGI STRATION VIDE HIS ORDER DATED 31.12.2008 U/S. 12AA(3) OF THE ACT. CONSEQUENTLY, AO COMPLETED ASS ESSMENT WITHOUT ALLOWING EXEMPTION U/S. 11 OF THE ACT HOLDING THE STATUS OF ASSESSEE AS AOP BY OBSERVING AS UNDER: IN THIS REGARD, IT MAY BE MENTIONED THAT LD. CIT, CENTRAL-III, KOLKATA BY HIS ORDER U/S. 12AA(3) OF THE I. T. ACT DATED 22.06.2010 CANCELLED THE REGISTRATION OF THE TRUST WHICH IT ENJOYED U/S. 12 OF THE I. T. ACT. THE ORDER IS STI LL VALID. HENCE, THE ASSESSEE IS ASSESSED IN THE STATUS OF AOP AND EXEMPTION U/S. 11 OF THE ACT IS DENIED. 2 ITA NO.1207/K/2012 JIS FOUNDATION AY 2009-10 AGGRIEVED, ASSESSEE PREFERRED APPEAL BEFORE CIT(A). BEFORE CIT(A), LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE TRUST HAD FILE D APPEAL BEFORE THE ITAT AGAINST THE ORDER CANCELLING THE REGISTRATION U/S. 12A PASSED BY CIT( C)-III, KOLKATA AND THE TRIBUNAL VIDE ITS ORDER IN ITA NO.1477/K/2010 DATED 24.02.2012 QUASHE D THE SAID ORDER OF CIT AND ALLOWED ASSESSEES APPEAL. THE CIT(A) FOLLOWING THE SAID D ECISION OF ITAT RESTORED THE REGISTRATION U/S. 12A GRANTED TO THE ASSESSEE AND DIRECTED THE A O TO GRANT EXEMPTION U/S. 11 OF THE ACT TO THE ASSESSEE. AGGRIEVED, REVENUE IS IN APPEAL BEFO RE US. 4. WE FIND THAT THE CIT(A) WHILE DISMISSING THE REV ENUES APPEAL HAS HELD AS UNDER: SINCE THE HONBLE TRIBUNAL HAS RESTORED THE REGIST RATION U/S. 12A GRANTED TO THE APPELLANT-TRUST, EXEMPTION U/S. 11 OF THE ACT CANNO T BE DENIED TO THE APPELLANT TRUST. HENCE, THE A.O. IS DIRECTED TO GRANT EXEMPTION U/S. 11 OF THE INCOME TAX ACT, GIVEN THAT THE APPELLANTS REGISTRATION IS RESTORED. SINCE CIT(A) HAS RESTORED THE REGISTRATION OF ASSES SEE BY FOLLOWING THE DECISION OF TRIBUNAL IN ASSESSEES OWN CASE PASSED IN ITA NO. 1477/K/2010 D ATED 24.02.2012 AND LD. SR. DR IS UNABLE TO POINT OUT ANY MISTAKE IN THE SAID ORDER, WE FIND NO INFIRMITY IN HIS ORDER AND THE SAME IS HEREBY UPHELD. THIS APPEAL OF REVENUE IS DISMIS SED. 5. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. 6. ORDER IS PRONOUNCED IN THE OPEN COURT ON 13.08.2 014. SD/- SD/- , ! , (SHAMIM YAHYA ) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 13TH AUGUST, 2014 ,- #./ 0 JD.(SR.P.S.) 1 *2 3 2%4- COPY OF THE ORDER FORWARDED TO: 1 . () / APPELLANT ACIT, CC-XXIII, KOLKATA 2 *+() / RESPONDENT M/S. JIS FOUNDATION, 20, B. T. ROAD, KOLKATA-700 002.. 3 . # ( )/ THE CIT(A), KOLKATA 4. 5. # / CIT KOLKATA 2:; *# / DR, KOLKATA BENCHES, KOLKATA +2 */ TRUE COPY, #