DCIT, Rohtak V. M/s. Jat Education Society, Rohtak

ITA 1551/DEL/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6620 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 23-02-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 14-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRYAN GOTRU
• Assessee Lawyers: PIYUSH K KAMAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI BEFORE SHRI I.C.SUDHIR, JUDICIAL MEMBER AND SHRI L.P.SAHU, ACCOUNTANT MEMBER ITA NO. 1551/DEL/2014 : A.Y. 2007-08 DCIT ROHTAK CIRCLE ROHTAK VS JAT EDUCATION SOCIETY DELHI ROAD ROHTAK (APPELLANT) (RESPONDENT) PAN NO. AAAJJ0176A ASSESSEE BY : SH. PIYUSH K. KAMAL, ADV. REVENUE BY : SH. SHRYAN GOTRU , SR. DR DATE OF HEARING : 23/02/2016 DATE OF PRONOUNCEMENT : 24.02.2016 ORDER PER I.C.SUDHIR, JM: THE REVENUE HAS QUESTIONED ACTION OF THE LD. CIT(A) WHEREBY HE HAS DELETED THE PENALTY OF RS. 28,56,525 /- LEVIED U/S 271(1)(C) OF THE ACT. 2. HEARD AND CONSIDERED THE ARGUMENTS ADVANCED BY THE PARTY. 3. HAVING GONE THROUGH THE ORDERS OF THE AUTHORITIE S BELOW, WE FIND THAT THE LD. CIT(A) HAS DELETED THE PENALTY IN QUESTION ON TWO COUNTS. FIRSTLY, THE ADDITION WHICH REMAINED SUBJECT MATTER OF THE PENALTY IN QUESTION HAS ALREA DY BEEN DELETED BY THE TRIBUNAL BY HOLDING THAT THE ASSESSE E WAS ELIGIBLE FOR THE CLAIMED EXEMPTION U/S 10(23C) OF THE ACT AND ITA NO. 1551.DEL.2014 JAT EDUCATION SOCIETY 2 SECONDLY THAT THE ASSESSEE HAD DISCLOSED THE ENTIRE INCOME AND THE FACTS BEFORE THE AO AND THE ADDITION WAS MADE B Y DISALLOWING THE EXEMPTION CLAIMED UNDER THE ABOVE S AID PROVISIONS OF THE ACT (WHICH HAS NOW BEEN ALLOWED B Y THE ITAT VIDE ORDER DATED 19.4.2013 IN ITA NO. 2543.DEL .2011). WE THUS DO NOT FIND INFIRMITY IN THE FIRST APPELLAT E ORDER. THE SAME IS UPHELD. THE GROUND IS ACCORDINGLY REJECTED. 4. IN THE RESULT APPEAL OF THE REVENUE IS DISMISS ED. (ORDER PRONOUNCED IN THE COURT ON 24/02/2016) SD/- SD/- (L.P.SAHU) (I.C.SUDHIR) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 /02/2015 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITA NO. 1551.DEL.2014 JAT EDUCATION SOCIETY 3 DATE INITIAL 1. DRAFT DICTATED ON 23/02/2016 2. DRAFT PLACED BEFORE AUTHOR 23/02/2016 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.