ITO (Exemptions), Ranchi V. M/s S.S Charitable Trust, Palamau

ITA 123/RAN/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0043 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 05-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ORAN
• Keywords: Charitable institution; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI SMC BENCH, RANCHI BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER ITA NO.123/RAN/2015 ASSESSMENT YEAR :2010-11 INCOME TAX OFFICER (EXEMPTIONS) WARD- RANCHI, 2 ND FLOOR, CENTRAL REVENUE BUILDING (ANNEXE), 5, MAIN ROAD, RANCHI-834 001 V S M/S S.S. CHARITABLE TRUST C/O. SRI RANBIJAY PRASAD SINGH, JAYA PRAKASH NAGAR, BOOTY ROAD, RANCHI-834 009 PAN/GIR NO. : AAFTS 1387 R (APPELLANT ) .. (RESPONDENT) APPELLANT BY : CHOUDHARY ORAN, DR RESPONDENT BY : NONE DATE OF HEARING : 05-09-2016 DATE OF PRONOUNCEMENT : 05.09.2016 O R D E R THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER DATED 1.06.2015 OF COMMISSIONER OF INCOME-TAX (APPEALS) R ANCHI (JHARKHAND) RELATING TO ASSESSMENT YEAR 2010-11. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF O F ASSESSEE NOR FILED ANY ADJOURNMENT APPLICATION. HENCE, WE PROCEE D TO HEAR THIS APPEAL AFTER HEARING LD. DEPARTMENTAL REPRESENTATIV E. 3. AT THE OUTSET, WE FIND THAT THE TAX EFFECT INVOL VED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION 2 ITA NO. AY: CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVE NUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, TH E MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- A ND AS CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY L IMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PEND ING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUC H PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00, 000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INST RUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN THE PRE SENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TRE ATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/09/2 016 SD/- (N.V.VASUDEVAN) JUDICIAL MEMBER RANCHI , DATED 05/09/2016 *DKP ,PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT CONCERNED 2. THE RESPONDENT CONCERNED 3. THE CIT(A) CONCERNED 4. CIT , CONCERNED 5. DR, ITAT, RANCHI 6. GUARD FILE. BY ORDER, // TRUE COPY // SR.PS, ITAT, RANCHI