Vein Giac Charitable Trust, Gaya V. ACIT, Circle-3, Gaya

ITA 193/PAT/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7857 (ITAT-PATNA)
• Duration Of Justice: 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 16-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHIKASH JHA
• Keywords: Charitable institution
• Section: 12AA

Judgement Text

P A G E 1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, PATNA BENCH, PATNA BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO .193 /PAT /2018 ASSESSMENT YEAR : 2004 - 2005 VIEN GIAC CHARITABLE TRUST, BODHGAYA, GAYA. VS. ACIT, CIRCLE - 3, GAYA PAN/GIR NO. AAATV 4337 P (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI SHIKASH JHA, AR REVENUE BY : SHRI AJAY KUMAR , DR DATE OF HEARING : 1 9 /06/ 2019 DATE OF PRONOUNCEMENT : 19 /0 6 / 2019 O R D E R PER BENCH THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) - PATNA DATED 27.6 .2018 FOR THE ASSESSMENT YEAR 20 04 - 05. 2. THE SOLE ISSUE RAISED IN THE GROUNDS OF APPEAL IS THAT THE CIT(A) IS NOT JUSTIFIED IN HOLDING THAT THE ASSESSING OFFICER HAS BROUGHT THE SURPLUS INCOME OVER EXPENDITURE TO TAX AND SUBSEQUENTLY REFUSING TO GIVE CREDIT U/S.11 OF THE ACT. 3. AT THE TIME OF HE ARING, LEARNED A.R., OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS REGISTERED UNDER SECTION 12AA OF ITA NO.193/PAT/2018 ASSESSMENT YEAR : 2004 - 2005 P A G E 2 | 3 THE ACT AND THEREFORE, THE ASSESSEE IS ENTITLED TO GET BENEFIT U/S.11 OF THE ACT. HOWEVER, THE ASSESSING OFFICER HAS NOT GIVEN BENEFIT U/S.11 OF THE ACT A ND THE CIT(A) HAS UPHELD THE ACTION OF THE ASSESSING OFFICER WITHOUT AFFORDING REASONABLE OPPORTUNITY TO THE ASSESSEE. HE SUBMITTED THAT THE MATTER BE RESTORED TO THE FILE OF THE CIT(A) TO REDECIDE THE APPEAL OF THE ASSESSEE AFTER ALLOWING REASONABLE OPPO RTUNITY OF HEARING TO THE ASSESSEE, TO WHICH, LEARNED D.R. HAD NO OBJECTION. 4. CONSIDERING THE ABOVE FACTS , WE RESTORE THE APPEAL TO THE FILE OF THE CIT(A) TO REDECIDE THE ISSUE AFTER HEARING THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO APPEAR BEFORE T HE CIT(A) AND PLACE THE NECESSARY EVIDENCE IN SUPPORT OF THE CLAIM IN ORDER TO GET BENEFIT U/S.11 OF THE ACT. WITH THESE DIRECTIONS, THE APPEAL IS RESTORED TO THE FILE OF THE CIT(A). 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 19 /0 6 /2019. SD/ - SD/ - (LAXMI PRASAD SAHU) ( CHANDRA MOHAN GARG ) ACCOUNTANT MEMBER JUDICIALMEMBER PATNA ; DATED 19 /0 6 /209 ITA NO.193/PAT/2018 ASSESSMENT YEAR : 2004 - 2005 P A G E 3 | 3 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER SR. PVT. S ECRETARY ITAT, PATNA 1. THE APPELLANT : VIEN GIAC CHARITABLE TRUST, BODHGAYA, GAYA 2. THE RESPONDENT. ACIT, CIRCLE - 3, GAYA 3. THE CIT(A) - 1 , PATNA 4. PR.CIT - 1, PATNA 5. DR, ITAT, PATNA 6. GUARD FILE. //TRUE COPY//