DCIT (E) -2(1), MUMBAI V. ST. FRANCIS INDL TRAINING INSTITUTE, MUMBAI

ITA 1747/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8224 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 16-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Assessee Lawyers: RUCHI TAMHANKAR

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE HONBLE SH. SANDEEP GOSAIN , J M & HONBLE SH. N. K. PRADHAN , A M ./ I.T.A. NO . 1747 /MUM/201 8 ( / ASSESSMENT YEAR: 2012 - 13 ) DCIT (E) 2(1 ), R. NO. 519 , 5 TH FLOOR, PIRAMAL CHAMBERS, LOWER PAREL, MUMBAI - 400 012 / VS. ST. FRANCIS INDUSTRIAL TRAINING INSTITUTE, MOUNT POINSUR, BORIVALI (WEST), MUMBAI - 400 103 ./ ./ PAN NO. AA BTS6822K ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI RAJEEV GUBGOTRA , DR / RESPONDENTBY : MS. RUCHI TAMHANKAR , AR / DATE OF HEARING : 08.04 .201 9 / DATE OF PRONOUNCEMENT : 08.04.2019 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THE P RESENT APPE AL FILED BY THE REVENUE IS AGAINST THE ORDER OF LD. CIT (APPEAL) 1, MUMBAI DATED 22.12 .17 F OR AY 20 1 2 - 13. 2 I.T.A. NO. 1747 /MUM/201 8 ST. FRANCIS INDUSTRIAL TRAINING INSTITUTE 2 . THE SOLITARY GROUND RAISED BY THE REVENUE RELATES TO CHALLENGING THE ORDER OF LD. CIT (A) IN ALLOWING THE CARRY FORWARD DEFICIT OF EARLIER YEARS AND ALLOWING SET OFF AGAINST THE INCOME OF THE SUCCEEDING YEARS. 3 . AT THE VERY OUTSET, LD. AR APPEARING ON BEHALF OF THE ASSES S EE SUBMITTED BEFORE US THAT THESE GROUND S ARE COVERED BY THE ORDER OF HON BLE ITAT IN ITA NO. 5921 TO 5924/MUM/16 FOR AY 2010 - 11. 2009 - 10, 2011 - 12 & 2008 - 09 IN ASSESSEES OWN CASE , WHEREIN THE IDENTICAL GROUND S RA ISED IN THE PRESENT APPEA L HAVE ALREADY BEEN DECIDED ON MERITS. 4 . ON THE OTHER HAND, LD. DR CONTESTED THE APPEAL AND RELIED UPON THE ASSESSMENT ORDER PASSED BY AO. 5 . WE HAVE HEARD BOTH THE PARTIES AND WE HAVE ALSO PERUSED THE MATERIAL PLACED ON RECORD AS WELL AS THE ORDERS PASSED BY REVENUE AUTHORITIES. WE FIND THAT THE IDENTICAL GROUND HAS ALREADY BEEN DECIDED BY THE COORDINATE BENCH OF HONBLE ITAT IN ITA NO. 5921 TO 5924/MUM/16 FOR AY 2010 - 11. 2009 - 10, 3 I.T.A. NO. 1747 /MUM/201 8 ST. FRANCIS INDUSTRIAL TRAINING INSTITUTE 2011 - 12 & 2008 - 09 IN ASSESSEES OWN CASE . THE OPERATIVE PORTION OF THE ORDER OF HONBLE ITAT PASSED IN ITA NO. 592 1 TO 5924 /MUM/16 CONTAINED IN PARA NO. 8 , WHICH IS REPRODUCED BELOW: - 8. SIMILARLY, THE SECOND ISSUE RAISED BY THE REVENUE IS WITH REGARD TO CARRY FORWARD OF THE DEFICIT OF RS.7,25,17,949/ - TO BE SET - OFF AGAINST THE FUTURE INCOME. ON THIS ASPECT ALSO, CIT( A) HAS ALLOWED THE CLAIM FOLLOWING THE JUDGMENT OF THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF INSTITUTE OF BANKING PERSONNEL SELECTION (SUPRA); IN FACT, SIMILAR SITUATION HAS BEEN FURTHER AFFIRMED BY THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF M/S. MUMB AI EDUCATION TRUST (SUPRA). THEREFORE, ON THIS ASPECT ALSO, WE FIND NO ERROR ON THE PART OF THE CIT(A) IN ALLOWING THE CLAIM OF THE ASSESSEE, WHICH WE HEREBY AFFIRM. 6 . AFTER HAVING HEARD THE COUNSELS AT LENGTH AND AFTER HAVING GONE THROUGH ORDER OF ITAT AS MENTIONED ABOVE IN ASSESSEES OWN CASE , W E FIND THAT THE IDENTICAL ISSUE HAS ALREADY BEEN DECIDED BY THE HONBLE ITAT IN ITA NO. 5921 TO 5924/MUM/16 FOR AY 2010 - 11. 2009 - 10, 2011 - 12 & 2008 - 09 IN ASSESSEES OWN CASE . T HEREFORE , R ESPECTFULLY FOLLOWING THE DECISION OF THE COORDINATE BENCH OF HONBLE ITAT AND IN ORDER TO MAINTAIN 4 I.T.A. NO. 1747 /MUM/201 8 ST. FRANCIS INDUSTRIAL TRAINING INSTITUTE JUDICIAL CONSISTENCY , WE APPLY THE SAME FINDINGS WHICH ARE APPLICABLE MUTATIS MUTANDIS IN THE PRESENT CASE. RE SULTANTLY, THIS GROUND RAISED BY THE REVENUE STANDS DISMISSED. 7 . IN THE NET RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED WITH NO ORDER AS TO COST. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH APRIL , 2019 . SD/ - SD/ - ( N. K. PRADHAN ) (SANDEEP GOSAIN) / A COUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 08 . 04 .201 9 SR.PS . DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI