AP State Seed Certification Agency, Hyderabad V. ADIT (Exemptions)-I, Hyderabad

ITA 1527/HYD/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2569 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2017
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 26-04-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 01-10-2014
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: S RAMA RAO
• Section: 12AA; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER I.T.A. NO. 1527/HYD/2014 ASSESSMENT YEAR: 2011-12 AP STATE SEED CERTIFICATION AGENCY, HYDERABAD [PAN: AAATA4858L] VS THE ASST. DIRECTOR OF INCOME TAX, (EXEMPTIONS), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S. RAMA RAO, AR FOR REVENUE : SMT U. MINICHANDRAN, DR DATE OF HEARING : 26-04-2017 DATE OF PRONOUNCEMENT : 26-04-2017 O R D E R PER D. MANMOHAN, VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)- IV, HYDERABAD. DENIAL OF EXEMPTION U/S. 11 / 10(23C) OF THE INCOME TAX ACT [ACT] IS THE SUBJECT MATTER OF DISPUTE BEFORE US. 2. THE ASSESSING OFFICER (AO) AS WELL AS THE CIT(A) OBSERVED THAT THE HON'BLE HIGH COURT OF ANDHRA PRADESH VIDE ITS ORDE R IN W.P. NO. 31640 OF 2011 DT. 17-12-2012 HELD THAT THE ASSESSEE IS NOT ENTITLED FOR EXEMPTION U/S. 10(23C) OF THE ACT APART FRO M THE FACT I.T.A. NO. 1527/HYD/2014 AP STATE SEED CERTIFICATION AGENCY :- 2 - : THAT THE DIT(E) CANCELLED THE REGISTRATION GRANTED EARLIER U/S. 12AA(3) OF THE ACT. THOUGH AN APPEAL WAS PREFERRED B EFORE US, THE FACT REMAINS THAT THE ORDER PASSED BY THE HON'BLE HIGH COURT WITH REGARD TO DENIAL OF APPROVAL U/S. 10(23C) IS STILL A GOOD LAW AND AGAINST THE DENIAL OF REGISTRATION U/S. 12AA OF THE ACT, THE ASSESSEE COULD NOT PLACE ANY DECISION OF THE SUPERIOR FORUM TA KING CONTRARY VIEW. UNDER THESE CIRCUMSTANCES, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH APRIL, 2017 UPON CONCLUSION OF HEARING SD/- SD/- (S. RIFAUR RAHMAN) (D. MANMOH AN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD, DATED 26 TH APRIL, 2017 TNMM COPY TO : 1. AP STATE SEED CERTIFICATION AGENCY, HYDERABAD. C /O. SRI S. RAMA RAO, ADVOCATE, FLAT NO. 102, SHRIYAS ELEGA NCE, 3-6-643, STREET NO. 9, HIMAYAT NAGAR, HYDERABAD. 2. THE ASST. COMMISSIONER OF INCOME TAX (EXEMPTIONS )-I, AAYAKAR BHAVAN, BASHEER BAGH, HYDERABAD. 3. CIT (APPEALS)-IV, HYDERABAD. 4. DIT(E), HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.