M/s. Siddhi Vinayak Education Trust, Jamnagar V. The ITO, Exemption Ward-2, Rajkot

ITA 136/RJT/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4152 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 15-09-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 31-08-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RATHI
• Assessee Lawyers: DM RINDANI
• Keywords: Depreciation; Charitable institution; Condonation of delay; Set aside
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER) [THROUGH VIRTUAL COURT] ITA. NOS: 136 & 97/RJT/2020 (ASSESSMENT YEARS: 2012-13) SIDDHI VINAYAK EDUCATION TRUST C/O. S.V.E.T. COLLEGE, NEAR PASHU DAVAKHANA, SARU SECTION ROAD, JAMNAGAR PAN NO. AADTS7934A V/S THE INCOME-TAX OFFICER, EXEMPTION WARD-2, RAJKOT (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D. M. RINDANI, A.R. RESPONDENT BY : SHRI S. S. RATHI, SR. D.R. ( )/ ORDER DATE OF HEARING : 15 -09-2021 DATE OF PRONOUNCEMENT : 30-09-2021 PER MAHAVIR PRASAD, J.M. 1. THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (HEREINAFTER CALLED CIT(A)) ORDER NO. CIT(A)-3/10620/2017-18 ORDER DATED 21/02/2020. ITA NO. 136 & 97/RJT/2020 . A.Y. 2012-13 2 2. NOW WE COME TO ITA NO. 136/RJT/2020, THE ASSESSEE HAS TAKEN FOLLOWING GROUNDS OF APPEAL: 1. THE LEARNED CIT(A), JAMNAGAR ERRED IN NOT ADJUDICATING THE GROUND ON APPEAL RELATING TO ALLOWING SET OFF OF UNABSORBED EXCESS APPLICATION OF PREVIOUS YEAR AGAINST CURRENT YEAR INCOME. 2.0 THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), JAMNAGAR ERRED IN CONFIRMING ACTION OF ASSESSING OFFICER IN DETERMINING RETURNED INCOME AT RS. 23,71,396/- AS AGAINST RS. NIL/- SHOWN BY THE APPELLANT. 3.0 THE APPELLANT CRAVES LEAVE TO ADD, AMEND, ALTER AND WITHDRAW ANY GROUND OF APPEAL ANYTIME UP TO THE HEARING OF THIS APPEAL. 3. SINCE FACTS AND CIRCUMSTANCES ARE SIMILAR IN BOTH THE APPEALS, THEREFORE FOR THE SAKE OF BREVITY, WE WOULD LIKE TO DISPOSE OF BOTH THE APPEAL BY WAY OF A COMMON ORDER. THERE IS A DELAY OF 1520 DAYS IN FILING OF APPEAL BEFORE THE TRIBUNAL. IN SUPPORT OF ITS CONTENTION, ASSESSEE HAS FILED DETAILED APPLICATION FOR CONDONATION OF DELAY SUPPORTED BY AN AFFIDAVIT. WE ARE SATISFIED WITH THE CONTENTION OF THE ASSESSEE AND CONDONED THE DELAY AND PROCEED WITH THE APPEALS. 4. ASSESSEE IS A PUBLIC CHARITABLE TRUST REGISTERED U/S. 12A. LD. A.O. DISALLOWED CLAIM OF DEPRECIATION AND DID NOT GRANT SET OFF OF UNABSORBED EXCESS APPLICATION OF PREVIOUS YEAR AGAINST CURRENT YEAR CLAIMED. THEREAFTER ASSESSEE FILED AN APPLICATION U/S. 154 FOR GRANTING OFF UNABSORBED EXCESS DEPRECIATION BUT SAME WAS REJECTED BY THE LD. A.O. ITA NO. 136 & 97/RJT/2020 . A.Y. 2012-13 3 5. ON THE OTHER HAND, LD. CIT(A) HAS HELD THAT THERE IS NO ERROR ON POINT OF THE ASSESSING OFFICER IN THE IMPUGNED ORDER REJECTING THE APPLICATION U/S. 154 AND HE IN MECHANICAL MANNER CONFIRMED THE ORDER OF THE ASSESSING OFFICER. 6. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE RELEVANT RECORD AND IMPUGNED ORDER. UNDISPUTEDLY, LD. CIT(A) HAS NOT PASSED DETAILED AND REASONED ORDER. DESPITE OF THE FACT THAT, ASSESSEE HAS FILED WRITTEN SUBMISSION. BUT LD. CIT(A) HAS NOT DISCUSSED THE DETAILS AND DID NOT DISPOSE OF THE OBJECTION OF THE ASSESSEE. 7. IT IS SETTLED PROPOSITION OF LAW WHENEVER AN APPLICATION OF THIS NATURE IS MADE, THE STATUTORY AUTHORITY ARE BOUND TO CONSIDER THE CLAIM MADE AND PASS A REASONED ORDER. AND IN OUR CONSIDERED OPINION, THIS SORT OF NON-SPEAKING ORDER IS LIABLE TO BE SET ASIDE. HOWEVER, IF THE LD. CIT(A) IS GRANTED AN OPPORTUNITY TO PASS A FRESH ORDER AFTER CONSIDERING THE OBJECTION OF THE ASSESSEE, THAT THE END OF JUSTICE COULD BE SECURED. 8. THUS, AFTER CONDONING THE DELAY, WE SET ASIDE THIS MATTER TO THE FILE OF THE LD. CIT(A) TO CONSIDER SUBMISSION AND DOCUMENTS TO BE FILED BY THE ASSESSEE. THEREAFTER SHALL PASS A DETAILED AND REASONED ORDER AS PER LAW. 9. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 10. SO FAR ITA NO. 97/RJT/2020, SINCE IS CONCERNED IT IS HAVING SAME FACTS AND CIRCUMSTANCES AS ABOVE SAID CONNECTED, WE HAVE SET ASIDE THE MATTER TO THE FILE OF THE LD. CIT(A). THEREFORE, THIS MATTER IS ALSO SET ASIDE TO THE FILE OF THE LD. ITA NO. 136 & 97/RJT/2020 . A.Y. 2012-13 4 CIT(A) TO PASS DETAILED AND REASONED ORDER AFTER CONSIDERING THE SUBMISSIONS AND DOCUMENTS TO BE FILED BY THE ASSESSEE. 11. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 30 - 09- 2021 SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 30/09/2021 RAJESH COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,RAJKOT