ITO EXMP., Agra V. SHRI GIRRAJ SEWAK SAMITI, Mathura

ITA 1553/DEL/2019

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 121188 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 15-01-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 24-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANGEETA YADAV
• Keywords: Rule of consistency

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.1553/DEL/2019 Assessment Year: 2010-11 ITO Exmp Agra Vs Sh. Girraj Sewak Samiti Danghati Goverdhan, Mathura PAN No.AAETS4783Q (APPELLANT) (RESPONDENT) Appellant by Ms. Sangeeta Yadav, SR DR Respondent by Sh. Anurag Sinha, Advocate Date of hearing: 16/01/2023 Date of Pronouncement: 16/01/2023 ORDER PER N. K. BILLAIYA, AM: This appeal by the revenue is preferred against the order of the CIT(A)-2, Agra dated 30.11.2018 pertaining to A.Y.2010-11. 2. The solitary grievance is that the CIT(A) erred in deleting the addition of Rs.50945979/- made by the AO. 3. Briefly stated the facts of the case are that during the course of the scrutiny proceedings the AO noticed that the amount of Rs.69398863/- appearing as corpus fund is nothing but voluntary donations made by pilgrims whose names are unknown and they have not donated this amount for any specific purpose. The AO was of the opinion that these donations nothing but voluntary donations falling in category of anonymous receipts 2 which need to be applied to the extent of 85%. Since according to the AO receipts of the trust in the shape of voluntary donation which is not applied to the extent of 85% in relevant current year has to be treated as escaped income of the Trust and taxed accordingly. The addition of Rs.69398863/- was made. 4. Assessee carried the matter before the CIT(A) and relied upon various judicial decisions and strongly contended that identical additions were made in A.Y. 2007-08 to 2011-12 and the then CIT(A) has deleted the additions which were confirmed by the Tribunal, following the precedence the CIT(A) deleted the addition. 5. Before us the DR could not bring any distinguishing decision in favour of the revenue. 6. Per contra the counsel for the assessee drew our attention to the decision of this Tribunal in assessee’s own case in ITA No.30 to 33 /Agra/2017 for A.Y. 2007-08 to 2011-12. 7. We have carefully considered the orders of the authorities below. We find force in the contention of the Counsel identical issue was considered by this Tribunal (supra) and has decided the issue in favour of the assessee and against the revenue while adjudicating the quarrel this Tribunal (supra) held as under :- “Under principles of consistency, AO is not permitted to change view in the absence of a change in facts. No fact of the assessee’s activities not being as per its objects has been brought out by the Taxing Authority in the present case. In view of the above the grievance of the Department is not found to hold, it is rejected as such. The impugned orders in all these appeals, being well reasoned orders, are confirmed. 3 8. Respectfully following the observations of the Tribunal (supra) and following the rule of consistency this appeal by the revenue is dismissed. 9. Decision announced in the open court on 16.01.2023. Sd/- Sd/- (ANUBHAV SHARMA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:- .01.2023 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI