M/s. Prarthana Education Society, Bangalore V. The Assistant Commissioner of Income Tax (Exemptions), Circle-1, Bangalore

ITA 1604/BANG/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 2943 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 26-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: SHREESH KUMAR B HEGDE
• Section: 12A; 250; 10; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI LALIET K UMAR , JUDICIAL MEMBER ITA NO. 1604 /BANG/201 7 ASSESSMENT YEAR : 20 1 2 - 1 3 M/S. PRARTHANA EDUCATION SOCIETY, NO.17/17A, NEAR PETROL BUNK 80 FEET ROAD, KADIRENAHALLI, PADMANABHANAGAR, BANASHANKARI 2 ND STAGE, BANGALORE 560 002. PAN : A A AAP 2322 D VS. THE ASST. COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE 1, UNITY BUILDING ANNEXE, 6 TH FLOOR, P. KALINGA ROAD, BANGALORE 560 027. APPELLANT RESPONDENT ASSESSEE BY : SHRI. SHREESH KUMAR B. HEGDE, CA REVENUE BY : DR. P. V. PRADEEP KUMA R , ADDL. CIT DATE OF HEARING : 04 . 0 3 .201 9 DATE OF PRONOUNCEMENT : 04 . 03 .201 9 O R D E R PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-14, LTU, BANGALORE, DATED 27.02.2017 FOR THE ASSESSMENT YEAR 2012-13, UNDER SECTION 250 OF THE INCOME TAX ACT, 1961 (THE ACT). 2. THE UNDISPUTED FACT IS THAT THE ASSESSEE IS REGISTERED UNDER SECTION 12A OF THE ACT AND THAT IT IS ELIGIBLE TO CLAIM EXEMPTION UNDER SECTION 11 OF THE ACT. THE SHORT POINT FOR CONSIDERATION IS WHETHER THE COMPUTATION OF EXEMPTION ITA NO. 1604/BANG/2017 PAGE 2 OF 10 UNDER SECTION 11 OF THE ACT HAS TO BE DONE ON THE GROSS INCOME OR THE NET INCOME OF THE ASSESSEE. BOTH THE PARTIES AGREED THAT THE ISSUE IS NO MORE RES-INTEGRA AS IT IS COVERED BY THE DECISION OF THE BANGALORE BENCH OF THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2011-12 VIDE ITA NO.730(B)/2015 ORDER DATED 06.10.2015. THIS BENCH HELD AT PARA 6, PAGE 4, AS FOLLOWS: ITA NO. 1604/BANG/2017 PAGE 3 OF 10 ITA NO. 1604/BANG/2017 PAGE 4 OF 10 ITA NO. 1604/BANG/2017 PAGE 5 OF 10 ITA NO. 1604/BANG/2017 PAGE 6 OF 10 ITA NO. 1604/BANG/2017 PAGE 7 OF 10 ITA NO. 1604/BANG/2017 PAGE 8 OF 10 ITA NO. 1604/BANG/2017 PAGE 9 OF 10 3. RESPECTFULLY FOLLOWING THE SAME, WE ALLOW THIS APPEAL OF THE ASSESSEE AND DIRECT THE ASSESSING OFFICER TO COMPUTE THE EXEMPTION AS CLAIMED BY THE ASSESSEE. 4. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 04 TH DAY OF MARCH, 2019. SD/- SD/- BANGALORE. DATED:04 TH MARCH, 2019. /NS/* ( LALIET KUMAR ) ( J. SUDHAKAR REDDY ) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NO. 1604/BANG/2017 PAGE 10 OF 10 COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.