Vikas Educational Academy, Hyd, Hyderabad V. CIT(Exemptions), Hyd, Hyderabad

ITA 1447/HYD/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2711 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 08-08-2017
• Assessment Year: misc
• Appeal Filed On: 25-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J SIRI KUMAR
• Assessee Lawyers: T CHAITANYA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. P. MADHAVI DEVI, JUDICIAL MEMBER I.T.A. NOS. 595 & 1447/HYD/2016 VIKAS EDUCATIONAL ACADEMY, HYDERABAD [PAN: AAATV3472F] VS COMMISSIONER OF INCOME TAX (EXEMPTION), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI T. CHAITANYA KUMAR, AR FOR REVENUE : SHRI J. SIRI KUMAR, CIT-DR DATE OF HEARING : 08-08-2017 DATE OF PRONOUNCEMENT : 08-08-2017 O R D E R PER CHANDRA POOJARI, A.M. : THESE ARE APPEALS FILED BY ASSESSEE AGAINST DIFFEREN T ORDERS OF THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), HYDERABA D, DATED 14-03-2016 & 26-09-2016. IN THESE TWO APPEALS, THE ASSESSEE HAS RAISED A GROUND THAT CIT(EXEMPTIONS) ERRED IN REJECTED THE GRANTING OF APPROVAL U/S. 10(23C)(VI) OF THE INCOME TAX ACT [A CT]. 2. THE FACTS OF THE CASE ARE THAT IN THESE TWO CASES, A SSESSEE APPLIED FOR APPROVAL U/S. 10(23C)(VI) OF THE ACT VIDE FORM NO. 56D ON 16-09-2014 AND ALSO VIDE APPLICATION DT. 28-09-201 6 FOR THE AYS. 2013-14 AND 2015-16 RESPECTIVELY. THESE WERE RE JECTED BY THE CIT(EXEMPTIONS) ON THE REASON THAT ASSESSEE IS NOT EX ISTING SOLELY FOR THE PURPOSE OF EDUCATION AND ALSO IT WAS OBSERVED BY THAT THE ITA NOS. 595 & 1447/HYD/16 :- 2 - : AMENDMENT MADE TO TRUST DEED W.E.F. 11-06-2015 DOES NO T COVER THE PERIOD- UNDER-DISPUTE. AGAINST THIS, THE ASSESSEE IS IN APPEAL BEFORE US SEEKING THE APPROVAL U/S. 10(23C)(VI). 3. AT THE TIME OF HEARING, LD.AR MADE AN ENDORSEMENT TH AT THE ASSESSEE IS NOT INTERESTED IN PURSUING THESE APPEALS AND SOUGHT PERMISSION TO WITHDRAW THE APPEALS FOR WHICH DR HAS N OT PUT ANY OBJECTION. CONSIDERING THE PLEA OF THE AR, WE ARE INCL INED TO DISMISS THESE TWO APPEALS AS WITHDRAWN. ACCORDINGL Y, BOTH THE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH AUGUST, 2017 SD/- SD/- (P. MADHAVI DEVI) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEM BER HYDERABAD, DATED 8 TH AUGUST, 2017 TNMM COPY TO : 1. VIKAS EDUCATIONAL ACADEMY, C/O. SHRI T. CHAITANY A KUMAR, ADVOCATE, FLAT NO.102, GOURI APARTMENTS, URD U LANE, HIMAYAT NAGAR, HYDERABAD. 2. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) , HYDERABAD. 3. THE PR.CIT, ANDHRA PRADESH & TELANGANA, HYDERABA D. 4. D.R. ITAT, HYDERABAD. 5. GUARD FILE.