Agricultural Market Committee, Achampet, Mahaboobnagar V. Asst. Commissioner of Income Tax, Circle-5(1), Hyderabad

ITA 1634/Hyd/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3607 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 06-11-2019
• Assessment Year: 2004-2005
• Appeal Filed On: 25-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: S RAMA RAO
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. ASST. YEAR APPELLANT RESPONDENT 1633/HYD/17 2003-04 AGRICULTURAL MARKET COMMITTEE, ACHAMPET, MAHABOOBNAGAR DISTRICT [PAN: AACTA1522B] ASST. COMMISSIONER OF INCOME TAX, CIRCLE-5(1), HYDERABAD 1634/HYD/17 2004-05 FOR ASSESSEE : SHRI S. RAMA RAO, AR FOR REVENUE : SHRI Y.V.S.T. SAI, CIT-DR DATE OF HEARING : 06-11-2019 DATE OF PRONOUNCEMENT : 07-11-2019 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : BOTH ARE ASSESSEES APPEALS FOR THE AYS.2003-04 & 20 04- 05 RESPECTIVELY. THESE APPEALS ARE FILED AGAINST THE ASSESSMENT ORDERS PASSED BY THE ASSESSING OFFICER (AO), DENYING THE ASSESSEE, THE EXEMPTION U/S.11 OF THE INCOME TAX ACT [A CT] ON THE GROUND THAT ASSESSEE WAS NOT GRANTED REGISTRATION U/S.12AA OF THE ACT. 2. WE HAVE GONE THROUGH THE ASSESSMENT ORDER AND FIN D THAT THE AO HAS TAKEN NOTE OF THE ORDER OF ITAT IN ITA NO.925/HYD/2013, DT.23-09-2013, WHEREIN THE ITAT HAD DIRECTED GRANTING OF REGISTRATION U/S.12AA OF THE ACT TO AMC SULTANABAD, KARIMNAGAR DIST., BUT HELD THAT - THE SAME CANNOT BE APPLIED TO THE ASSESSEE BEFORE US . ITA NOS. 1633 & 1634/HYD/2017 :- 2 -: 3. LD.COUNSEL FOR THE ASSESSEE HAS PLACED BEFORE US THE DECISION OF ITAT IN ITA NO.214/HYD/2008, DT.05-08-20 08, WHEREIN THE TRIBUNAL HAS DIRECTED THE DIT(E) TO RE-CO NSIDER THE ISSUE OF GRANTING OF REGISTRATION U/S.12AA OF THE ACT I N ACCORDANCE WITH LAW ON MERITS, AFTER GIVING A REASONAB LE OPPORTUNITY OF HEARING TO ASSESSEE. LD.COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THE CONSEQUENTIAL ORDER HAS NOT BEEN PASSED BY THE DIT(E) TILL DATE AND THEREFORE, A O HAS REFUSED TO GRANT EXEMPTION U/S.11 OF THE ACT. 4. LD.DR WAS ALSO HEARD. 5. TAKING THE RIVAL CONTENTIONS INTO CONSIDERATION, WE ARE INCLINED TO SET ASIDE THE ASSESSMENT ORDERS AND DIRECT THE AO TO AWAIT THE DECISION OF DIT(E) ON THE ISSUE OF REGISTRA TION U/S.12AA OF THE ACT AND IF THE ASSESSEE IS GRANTED REG ISTRATION U/S.12AA OF THE ACT, THEN THE EXEMPTION U/S.11 OF THE AC T SHALL BE GRANTED, SUBJECT TO FULFILMENT OF OTHER CONDITI ONS, SUCH AS APPLICATION OF INCOME FOR THE OBJECTS OF THE TRUST ETC., 6. IN THE RESULT, APPEALS OF THE ASSESSEE FOR BOTH THE ASSESSMENT YEARS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH NOVEMBER, 2019 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 07-11-2019 TNMM ITA NOS. 1633 & 1634/HYD/2017 :- 3 -: COPY TO : 1. AGRICULTURAL MARKET COMMITTEE, ACHAMPET, MAHABOOBNAGAR DIST., 2. ASST.COMMISSIONER OF INCOME TAX, CIRCLE-5(1), HYDERABAD. 3. CIT(APPEALS)-4, HYDERABAD. 4. THE PR.CIT-4, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.