ADIT, Hyderabad V. A.P.Seed Certification Association, Hyderabad

ITA 1209/HYD/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53847 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-04-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 10-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY
• Assessee Lawyers: T CHAITANYA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE SHRI H.S.SIDHU, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO.1209/HYD/2010 : ASSESSMENT YEAR 2007-08 ASST. DIRECTOR OF INCOME TAX(EXEMPTION)-I, HYDERABAD VS A.P. SEED CERTIFICATION ASSOCIATION, HYDERABAD (PAN AAATA 4858 L ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI B.V.PRASAD REDDY RESPONDENT BY : SHRI T.CHAITANYA KUMAR DATE OF HEARING 9.12.2011 DATE OF PRONOUNCEMENT 26.12.2011 O R D E R PER BENCH: THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2007-08 IS DIRECTED AGAINST THE ORDER OF THE COMMISSION ER OF INCOME- TAX(APPEALS)-IV, HYDERABAD DATED 30.6.2010. 2. GROUNDS OF APPEAL OF THE REVENUE ARE AS UNDER- (I) THE ORDER OF THE CIT(A) IS NOT ACCEPTABLE AS I T IS ERRONEOUS ON FACTS AND IN LAW. (II) THE CIT(A) ERRED IN HOLDING THAT THE ASSESSEE IS ELIGIBLE FOR EXEMPTION U/S. 11 OF THE I.T.ACT AND THE EXEMPT ION U/S. 11 CAN BE ALTERNATIVELY CLAIMED. (III) THE CIT(A) OUGHT TO HAVE CONFIRMED THE ASSESS MENT AS IT IS MANDATORY ON THE PART OF THE ASSESSEE TO OBTA IN NOTIFICATION U/S. 10(23C)(IV) OF THE I.T. ACT. (IV) THE DECISION OF THE ITAT IN ST. THERESAS SOCI ETY HAS NOT BEEN ACCEPTED BY THE DEPARTMENT AND APPEAL U/S. 260 A HAS BEEN PREFERRED BEFORE THE A.P. HIGH COURT. ITA NO.1209/H/2010 A.P. SEED CERTIFICATION ASSOCIATION, HYDERABAD 2 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. THE GRIEVANCE OF THE DEPARTMENT IS WITH RE GARD TO GRANTING OF EXEMPTION UNDER S.11 IN LIEU OF S.10(23 C)(IV) OF THE INCOME-TAX ACT ALTERNATIVELY. IN THE PRESENT CASE, ASSESSEE IS DULY REGISTERED UNDER S.12A OF THE INCOME-TAX ACT AND IT HA S NOT RECEIVED NOTIFICATION UNDER S.10(23C) (IV) OF THE I.T/.ACT FOR THE YEAR UNDER CONSIDERATION. IN OUR OPINION, WHEN THE ASSESSEE IS DULY REGISTERED UNDER S.12A OF THE I.T. ACT, IT CAN CLAIM DEDUCTION UND ER S.11 OF THE I.T. ACT, THOUGH THE ASSESSEE FALLING UNDER S.10 (23C) O F THE INCOME- TAX ACT. NON-RECEIPT OF NOTIFICATION UNDER S.10(23C)( IV) OF THE I.T. ACT DOES NOT DISENTITLE THE ASSESSEE FROM CLAIMING ALTERN ATIVE DEDUCTION UNDER S.11 OF THE I.T. ACT. WE ARE SUPPORTE D IN THIS BEHALF BY THE ORDER OF THE TRIBUNAL IN THE CASE OF ASSISTANT DI RECTOR OF INCOME-TAX (EXEMPTION) V/S. RAJASTHANI SIKSHA SAMITI ( 23 SOT 124 (HYD)). WE ACCORDINGLY UPHOLD THE ORDER OF THE CIT(A) AND REJECT THE GROUNDS OF THE REVENUE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 26 TH DECEMBER, 2011 SD/- SD/- (H.S.SIDHU) (CHANDRA POOJARI) JUDICIAL MEMBER. ACCOUNTANT MEMBER DATED 26 TH DECEMBER, 2011 COPY FORWARDED TO: 1. A.P. SEED CERTIFICATION ASSOCIATION, 5-10-193, OPP. PUBLIC GARDENS, HYDERABAD 2. ASST DIRECTOR OF INCOME TAX(EXEMPTION) I, HYDERABAD 3. CIT(A)-IV, HYDERABAD. 4. COMMISSIONER OF INCOME-TAX III, HYDERABAD 5. THE D.R., ITAT, HYDERABAD. B.V.S