Sakal Relief fund, Pune V. DCIT, Cir.-6, Pune

ITA 1623/PUN/2008

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 7676 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 26-12-2008
• Result in Favour of: Set Aside
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: ASHOK KOTHARY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR. YADAV, JM AND SHRI D. KARUNAKARA RAO, AM I.T.A. NO. 1623 & 1624/PN/2008. ASSESSMENT YEAR : 2000-01. SAKAL RELIEF FUND, DY. COMMISSIONER OF INCOME-TAX, 595, BUDHWAR PETH, VS. CIRCLE-6, PUNE. PUNE 411 002. PAN AAATS4632 C APPELLANT RESPONDENT APPELLANTS BY : SHRI ASHOK KOTHARY. RESPONDENT BY : SHRI S.K. SINGH. DATE OF HEARING : 12-01-2012. DATE OF PRONOUNCEMENT : 18-01-2012. ORDER PER D. KARUNAKARA RAO, J.M. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSE E HAS TAKEN US THROUGH THE IMPUGNED ORDER OF THE CIT(APPEALS) AND MENTIONE D THE ISSUES I.E. I) WHETHER THE CORPUS DONATION CONSTITUTES TAXABLE INC OME OF THE TRUST; AND II) WHETHER THE ISSUE OF ASSESSEES FAILURE TO FILE FOR M NO. 10 WITH THE RETURN WAS NOT PROPERLY ADJUDICATED BY PASSING A SPEAKING ORDE R OR NOT. 2. IN THIS REGARD, THE ASSESSEES COUNSEL REFERRED TO PARA NO. 5.4 OF THE IMPUGNED ORDER AND MENTIONED THAT THE CIT(APPEALS) CONFIRMED THE VIEWS OF THE AO MERELY STATING THAT THE IMPUGNED ADDITION IS REQUIRED TO BE ASSESSED ENTIRELY IN THE ASSESSMENT YEAR 1999-2000 IF THE FO RM NO. 10 WAS NOT FILED BY THE ASSESSEE. IN THE PROCESS, AS PER THE LEARNED C OUNSEL, THE CIT(APPEALS) IS OF THE OPINION THAT FILING OF FORM NO. 10 ALONG WITH R ETURN OF INCOME IS MANDATORY 2 ITA NOS.1623&1624/PN/2008 ASSESSMENT YEAR : 2000-01. AND NOT DIRECTORY AND FILING OF SUCH FORM NO. 10 B EFORE THE AO BEFORE THE END OF THE ASSESSMENT PROCEEDINGS DEEMED COMPLIANCE AND RELIED ON THE HONBLE SUPREME COURT IN THE CASE OF NAGPUR HOTEL OWNERS AS SOCIATION 247 ITR 201 (SC) FOR THE SAID PROPOSITION. IN THE INSTANT CASE, AS PER THE ASSESSEE, THE SAID FORM NO. 10 WAS SUBMITTED BEFORE THE AO, WHICH WAS NOT ALLOWED. ON CONSIDERING THE FACTS, WE ARE OF THE OPINION THAT S UCH REJECTION OF THE SAID FORM NO. 10 FILED BEFORE THE AO WAS ERRONEOUS ON PART OF THE AO. THEREFORE, IN OUR OPINION, THE ISSUE RAISED BY THE ASSESSEE IS NOT IN ACCORDANCE WITH THE SAID APEX COURT DECISION IN THE CASE OF NAGPUR HOTEL OWNERS A SSOCIATION (SUPRA). THEREFORE, WE ARE OF THE OPINION THAT THE MATTER SH OULD BE SET ASIDE AS SUGGESTED BY BOTH THE PARTIES BEFORE US. CIT(APPEALS) SHALL E XAMINE THE WHOLE ISSUE AFRESH AND RESPECTFULLY CONSIDER THE CITED JUDGMENT OF THE SUPREME COURT. WHILE PASSING THE SPEAKING ORDER ON THIS ISSUE, THE SAID APPEALS SHALL PROVIDE REQUISITE DISCUSSION ABOUT THE INCIDENCE OF TAX ON THE REFERRED CORPUS DONATION MENTIONED IN GROUND NO. (I) ABOVE AND PASS A SPEAKI NG ORDER ON IF SUCH DONATIONS CONSTITUTE TAXABLE RECEIPTS OF THE TRUST. AS SUCH, THIS ISSUE WAS NEVER DISCUSSED IN PROPER MANNER AS EVIDENT FROM THE CONT ENTS OF THE ORDER PASSED ON 02-09-2008. ACCORDINGLY, AFTER HEARING THE PARTIES, WE SET ASIDE ALL THE ISSUES TO THE FILE OF THE CIT(APPEALS) FOR WANT OF SPEAKING A ND SUSTAINABLE ORDER. 3. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF JANUARY, 2012. SD/- SD/- (SHAILDNDRA KUMAR YADAV) (D.KARUNA KARA RAO) JUDICIAL MEMBER. ACCOUNTANT MEMBER PUNE, DATED : 18 TH JANUARY,2012. 3 ITA NOS.1623&1624/PN/2008 ASSESSMENT YEAR : 2000-01. COPY TO:- 1) THE ASSESSEE 2) THE DCIT, CIRCLE-6, PUNE 3) THE CIT (A) II, PUNE 4) THE CIT-III, PUNE 5) THE DEPARTMENTAL REPRESENTATIVE, B BENCH, I.T .A.T., PUNE. SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE BENCHES, PUNE. WAKODE