Shree Harihar Charitable Trust , Kolkata V. ITO (Exemp) - 1(3), Kolkata , Kolkata

ITA 1786/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5705 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 20-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S VENKATIRAMANI CITSR
• Assessee Lawyers: RAJA RAM CHOUDHURY
• Keywords: Charitable institution
• Section: 154; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1786/KOL/2018 ASSESSMENT YEAR:2013-14 SHREE HARIHAR CHARITABLE TRUST, 8,G.C. AVENUE, SAHA COURT, KOLKATA-700013 [ PAN NO.AABTS 6748 L ] / V/S . INCOME TAX OFFICER (EXEMP.) 1(3), 10B, MIDDLETON ROW, KOLKATA-700 016 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI RAJARAM CHOUDHURY, CA /BY RESPONDENT SHRI S. VENKATIRAMANI ADDL. CIT-SR- DR /DATE OF HEARING 22-01-2019 /DATE OF PRONOUNCEMENT 31-01-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2013-14 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-25, KOLKATAS ORDER DATED 28.06.2018 PASSED IN CASE NO.79/CIT-25/KOL//2018-19 INVOLVING PROCEE DINGS U/S. 154 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT EMERGES AT THE OUTSET THAT THE ASSESSING OFFI CER HAD FRAMED REGULAR ASSESSMENT IN QUESTION IN ASSESSEES CASE ON 19.10. 2015 DISALLOWING APPLICATION OF INCOME TO THE TUNE OF 3,49,460/-. THE ASSESSEES CHOSE TO FILE RECTIFICAT ION THEREOF U/S. 154 OF THE ACT DATED 12.01.2016. THE ASSESSING OFFI CER REJECTED THE SAID RECTIFICATION IN HIS ORDER DATED 02.02.2016. THE CIT(A) HAS CONFI RMED THE SAME IN HIS LOWER APPELLATE ORDER UNDER CHALLENGE. AFTER ARGUING VOC IFEROUSLY FOR SOMETIME IN SUPPORT ITA NO. 1786/KOL/2018 A.Y. 201 3-14 SHREE HARIHAR CHARITABLE TRUST VS. ITO(E X) 1(3) KOL. PAGE 2 OF SEC. 154 RECTIFICATION REMEDY LEARNED COUNSEL RE PRESENTING ASSESSEE WISHES TO WITHDRAW THE INSTANT APPEAL WITH LIBERTY TO FILE QU ANTUM APPEAL AGAINST THE IMPUGNED DISALLOWANCE BEFORE THE CIT(A) IN REGULAR APPELLATE PROCEEDINGS. THE REVENUE DOES NOT RAISE ANY OBJECTION. I THEREFORE ACCEPT ASSESSE ES PRAYER FOR WITHDRAWAL OF THE INSTANT APPEAL WITH LIBERTY TO INITIATE FRESH APPEL LATE PROCEEDINGS AGAINST THE IMPUGNED DISALLOWANCE. IT IS MADE CLEAR THAT THE ASSESSEE SH ALL BE ENTITLED TO EXPLAIN THE INTERVENING DELAY FOR THE REASON THAT IT HAD BEEN P URSUING ITS SEC. 154 REMEDY IN THE MEANTIME. THE CIT(A) SHALL CONSIDER ALL THESE INTER VENING DEVELOPMENTS AS PER LAW FOR THE PURPOSE OF CONDONATION OF THE DELAY. 3. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 31/01/2019 S D/- (S.S. GODARA) JUDICIAL M EMBER KOLKATA, *DKP/SR.PS - 31/01/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SHREE HARIHAR CHARITABLE TRUST, 8, G.C A VENUE, SAHA COURT, KOLKATA-13 2. /RESPONDENT-ITO (EX)1(3), 10B,MIDDLETON ROW, KOLATA -16 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ',