Sri Sarada Educational Society, Hyderabad V. Dy.Director of Income Tax(EX)-II, Hyderabad

ITA 1656/HYD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6595 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 13-10-2015
• Assessment Year: 2012-2013
• Appeal Filed On: 02-12-2013
• Court: TRIBUNAL
• Department Lawyers: S MO HARANA
• Assessee Lawyers: M V JOSHI
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ES B , HYDERABAD BEFORE S HRI D . MA NMOHAN , VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER I.T.A. NO S . 1 654, 1655 & 1656 /H YD /20 13 ASSESSMENT YEAR S : 20 1 0 - 11, 2011 - 12 & 2012 - 13 SRI SARADA EDUCATIONAL SOCIETY, HYDERABAD [PAN: AA BAS0063P ] VS THE DY. DIRECTOR OF INCOME TAX(EX) - II, HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI M.V. JOSHI, AR FOR REVENUE : SHRI S. MOHARANA, DR DATE OF HEARING : 2 8 - 04 - 201 6 DATE OF PRONOUNC EMENT : 28 - 04 - 201 6 O R D E R PER B. RAMAKOTAIAH, A.M. : THESE THREE APPEALS ARE FILED BY ASSESSEE AGAINST THE COMMON ORDER OF COM MISSIONER OF INCOME TAX - III , HYDERABAD REJECTING THE APPLICATIONS IN FORM 56D SEEKING APPROVAL U/S. 10(23C)(VI) OF THE INCOME TAX ACT [ACT]. 2. LD. CIT WAS OF THE OPINION THAT SOCIETY CANNOT BE SAID TO BE EXISTING SOLELY FOR EDUCATION AND ALSO HELD THAT APPLICATIONS FILED ON 01 - 10 - 2012 FOR AYS. 2010 - 11 AND 2011 - 12 ARE BELATED AND LIABLE FOR REJECTION. AT THE SAME TIME, HE ALSO GAVE AN OPTION TO ASSESSEE TO APPLY AGAIN SUBJECT TO FULFILLMENT OF OTHER CONDITIONS PRESCRIBED. I.T.A. NO S . 1654, 1655 & 1656 / HYD / 13 SRI SARADA EDUCATIONAL SOCIETY : - 2 - : 3 . WHEN THE CASE IS TAKEN UP FOR HE A RING, ASSESSEE FILED LETTERS REQUESTING FOR WITHDRAWAL OF APPEAL S. 4 . WE FOUND FROM THE RECORD THAT AS SESSEE HAS NOT FURNISHED ANY EVIDENCE IN SUPPORT OF ITS CONTENTIONS OF ELIGIBILITY AND ALSO WHY BELATED APPLICATIONS WERE FILED AND HENCE, LD. CIT IS CORRECT IN REJECTING THE APPLICATIONS. ACCORDINGLY, WE FIND NO MERIT IN ASSESSEES APPEALS AND ARE ACCORDI NGLY DISMISSED. 5 . IN THE RESULT, ALL THE THREE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH APRIL , 201 6 UPON COMPLETION OF HEARING SD/ - SD/ - (D . MANMOHAN ) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER HYDERABAD, DATED 28 TH APRIL , 2016 TNMM COPY TO : 1. SRI SARADA EDUCATIONAL SOCIETY, C/O. P. MURALI & CO., CHARTERED ACCOUNTANTS, 6 - 3 - 655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD . 2 . THE DY. DIRECTOR OF INCOME TAX (EX) - II , HYDERABAD. 3 . CIT - 3 , HYDER ABAD. 4 . D.R. ITAT, HYDERABAD. 5 . GUARD FILE.