Aroor Education Trust (R) , Koppa V. Income Tax Officer (Exemptions) Ward-1 , Mysore

ITA 1402/BANG/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 4637 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DK JHA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-C BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO. 1 4 02 / BANG/201 8 ASSESSMENT YEAR : 201 2 - 1 3 M/S. AROOR EDUCATION TRUST (R), C/O. CHANDRASHEKAR KOTE & CO, CHARTERED ACCOUNTANTS, NO. 70, SAI MADHUVANA LAYOUT, CHIKMAGALUR 577 101. KARNATAKA. PAN: AABTA1074D VS. THE INCOME TAX OFFICER (EXEMPTIONS), WARD 1, MYSORE. APPELLANT RESPONDENT APPELLANT BY : SHRI RAVISH RAO, CA RESPONDENT BY : SHRI D.K. JHA, ADDL. CIT (DR) DATE OF HEARING : 2 2 . 0 5 .2018 DATE OF PRONOUNCEMENT : 08 . 0 6 .2018 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIREC TED AGAINST THE ORDER OF LD. CIT(A), MYSORE DATED 30.11.2017 FOR ASSESSMENT YEAR 2012-13. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER. 1. THE LEARNED ASSESSING OFFICER & THE FIRST APPELL ATE AUTHORITY HAVE ERRED IN MAKING AN ADDITION OF RS.20,56,457/- TO THE RETURNED INCOME ON ACCOUNT OF ACCUMULATED SURPLUS INCOME PER TAINING TO ASSESSMENT YEAR 2006-07. 2. THE LEARNED ASSESSING OFFICER AND THE FIRST APPE LLATE AUTHORITY HAVE ERRED IN CONCLUDING THAT THE APPELLANT HAS NOT UTILIZED THE ACCUMULATED SURPLUS INCOME FOR THE ASSESSMENT YEAR 2006-07. 3. THE LEARNED ASSESSING OFFICER AND THE FIRST APPE LLATE AUTHORITY HAVE ERRED IN NOT CONSIDERING THE RELEVANT DOCUMENT S FOR UTILISATION OF THE SAID ACCUMULATED FUNDS, FURNISHED BY THE APPELL ANT, AT THE STAGE OF ASSESSMENT. ITA NO. 1402/BANG/2018 PAGE 2 OF 2 3. THE APPELLANT PRAYS TO PERMIT ANY OTHER GROUND A T THE TIME OF HEARING OF THE APPEAL. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY LD. AR O F ASSESSEE THAT THE ORDER PASSED BY CIT (A) IS EX-PARTE QUA THE ASSESSEE. HE ALSO S UBMITTED THAT IT IS ALSO NOTED BY CIT (A) ON PAGE 1 OF HIS ORDER THAT HE HAS FIXED TWO DATES OF HEARING I.E. 27.11.2017 AND 29.11.2017. HE SUBMITTED THAT SUFFI CIENT OPPORTUNITIES WERE NOT PROVIDED BY LD. CIT(A) AND THEREFORE, THE MATTER MA Y BE RESTORED BACK TO THE FILE OF CIT(A) FOR FRESH DECISION AFTER PROVIDING ADEQUA TE OPPORTUNITY OF BEING HEARD TO ASSESSEE. THE LD. DR OF REVENUE SUPPORTED THE O RDER OF CIT(A). 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND WE FIND FORCE IN THIS ARGUMENT OF THE LEARNED AR OF THE ASSESSEE THAT SUFFICIENT OPPO RTUNITIES WERE NOT PROVIDED BY CIT(A) AND HENCE, IN THE INTEREST OF JUSTICE, WE SET ASIDE THE ORDER OF CIT(A) AND RESTORE THE MATTER BACK TO HIS FILE FOR FRESH D ECISION AFTER PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 08 TH JUNE, 2018. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.