The Gujarati Social Welfare society, Hyderabad V. Income Tax Officer, Ward-5(3), Hyderabad

ITA 1301/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7662 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 25-03-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 19-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 201; 13; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A - SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODA R A, JUDICIAL MEMBER ITA NO S . 1299 - 1300 & 1301 /HYD./20 19 ASSESSMENT YEAR: 2011 - 12, 2013 - 14 & 201 5 - 16 THE GUJARATI SOCIAL WELFARE SOCIETY VS. ITO, WARD 5(3) HYDERABAD HYDERABAD [PAN: AAAATT4827A ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI N. SRIKANTH, D.R. DATE OF HEARING : 2 5 /0 3 /2021 DATE OF PRONOUNCEMENT : 29 /0 3 /2021 O R D E R THESE ASSESSEES APPEAL S FOR AYS 2011 - 12, 2013 - 14 AND 2015 - 16 ARISE AGAINST THE C OMMISSIONER OF INCOME TAX (APPEALS) - 4 [CIT(A)] HYDERABAD S SEPARATE ORDER S; ALL DATED 1 9 .06.2019 , PASSED IN CASE NO. 4/10241 , 10243 & 10244/ 2019 - 20 ; RESPECTIVELY IN PROCEEDINGS U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]. CASE S CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. IT IS ACCORDINGLY PROCEEDED EX PARTE. HEARD SHRI N.SRIKANTH, L EARNED DEPARTMENTAL REPRESENTATIVE ON BEHALF OF THE REVENUE. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE IN ALL THESE THREE APPEALS IS THAT BOTH THE LOWER AUTHORITIES HAVE ERRE D IN LAW AND ON FACTS IN HOLDING INTEREST INCOME(S) RECEIVED FROM BANK(S) OF RS. 15,90,620/ - , RS.31,15,919/ - ITA N OS. 1299, 1300 & 1301 /HYD/20 19 AY 2015 - 16 2 AND RS.29,66,250/ - ASSESSMENT YEAR WISE RESPECTIVELY AS NOT EXEMPT AS PER THE PRINCIPLE OF MUTUALITY. SUFFICE TO SAY , MR SRIKANTH STATED AT THE OUTSET THAT INSTANT ISSUE OF PRINCIPLE OF MUTUALITY VIS - - VIS ASSESSEES INCOME(S) IS NO MORE RES INTEGRA SINCE TRIBUNALS ORDER DATED 28 .4.201 7 IN AY 2012 - 13 IN ITA 247/HYD/16 IN ITS OWN CASE STANDS ADJUDICATED IN R EVENUES FAVO UR , HE HAS ALSO PLACED ON RECORD A COPY OF THE SAID ORDER . I THEREFORE ADOPT JUDICIAL CONSISTENCY AND CONFIRM THE IMPUGNED DISALLOWANCE IN ASSESSEES HAND . THESE ASSESSEES THREE APPEALS ARE DISMISSED IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES ORDER PRONOUNCED IN OPEN COURT ON 29 /0 3 /2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER DATED: 29 TH MARCH, 2021 GMV COPY OF ORDER FORWARDED TO: 1. THE GUJARATI SOCIAL WELFARE SOCIETY, 4 - 4 - 341, GIRIRAJ LANE, SULTAN BAZAR, HYDERABAD 500 095, TELANGANA. 2. ITO, WARD 5 (3), HYDERABAD 3. ACIT, RANGE 5, HYDERABAD 4. CIT(A) - 4, HYDERABAD. 5. PR.CIT - 4 , HYDERABAD 6 D.R. ITAT HYDERABAD 7. GUARD FILE