Andhra Pradesh State Seed Certification Agency , Guntur V. Asst. Commissioner of Income Tax, (Exemptions), Hyderabad

ITA 1980/Hyd/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5841 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 01-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R MOHANKUMAR
• Assessee Lawyers: S RAMA RAO
• Keywords: Charitable institution
• Section: 234B; 11

Judgement Text

ITA NOS 1979 AND 1980 OF 2018 AP STATE SEED CERTIFI CATION AGENCY GUNTUR. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NOS.1979 & 1980/HYD/2018 (ASSESSMENT YEARS: 2010-11 & 2012-13) ANDHRA PRADESH STATE SEED CERTIFICATION AGENCY, GUTUR PAN: AAATA4858L VS ASSTT. COMMISSIONER OF INCOME TAX (EXEMPTION) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S. RAMA RAO FOR REVENUE : SHRI R. MOHAN KUMAR, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. BOTH ARE ASSESSEES APPEALS FOR THE A.Y 2010-11 & 2012-13 AGAINST THE ORDER OF THE CIT (A)-9, HYDERAB AD, DATED 23 RD JULY, 2018. THE ASSESSEE HAS RAISED THE FOLLOWING G ROUNDS OF APPEAL FOR THE A.Y 2010-11: 1) THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN REJECTING THE CLAIM OF THE APPELLANT U/S 11 OF T HE I.T.ACT 3) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN NOT CONSIDERING THE EXEMPTION U/S 10(23C) OF THE I.T.ACT. 4) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) OUGHT TO HAVE HELD THAT INTEREST U/S 234B IS NOT CHARGEAB LE AS THE APPELLANT IS A CHARITABLE INSTITUTION AND NO ADVANC E TAX WAS PAID AS IT IS UNDER THE BONAFIDE IMPRESSION THAT NO TAX IS PAYABLE. 5) ANY OTHER GROUND OR GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING. DATE OF HEARING: 16.04.2019 DATE OF PRO NOUNCEMENT : 24.04.2019 ITA NOS 1979 AND 1980 OF 2018 AP STATE SEED CERTIFI CATION AGENCY GUNTUR. PAGE 2 OF 2 2. WE FIND THAT SIMILAR GROUNDS HAVE BEEN RAISED FO R THE A.Y 2012-13 AS WELL. AT THE TIME OF HEARING, THE LE ARNED COUNSEL FOR THE ASSESSEE FAIRLY ADMITTED THAT THE ISSUE IS COVERED AGAINST THE ASSESSEE BY THE DECISION OF THE COORDINATE BENC H OF THE TRIBUNAL IN ITA NO.634/HYD/2017 FOR THE A.Y 2013-14 VIDE ORDERS DATED 4.4.2018 AND THAT THE ITAT HAS CONFIRMED THE ORDER OF THE CIT (A) IN REJECTING THE CLAIM OF EXEMPTION U/S 11 OF THE ACT. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS BEFORE THE HON'BLE SUPREME COURT ON THIS ISSUE. SIN CE THE ISSUE IS COVERED AGAINST THE ASSESSEE BY THE JURISDICTIONAL HIGH COURT AND THE AO AND THE CIT (A) HAVE FOLLOWED THE SAME, WE D O NOT SEE ANY REASON TO INTERFERE WITH THE SAME. ASSESSEES GROUN DS ARE ACCORDINGLY REJECTED. 3. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH APRIL, 2019. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 24 TH APRIL, 2019. VINODAN/SPS COPY TO: 1 ANDHRA PRADESH STATE SEED CERTIFICATION AGENCY, F LAT NO.303, ESR AND ASR PLAZA, INNER RING ROAD, REDDYPALEM, GUN TUR 522601 2 ACIT (EXEMPTIONS), AAYAKAR BHAVAN, BASHEERBAGH, H YDERABAD 3 CIT (A)-9 HYDERABAD 4 PR. CIT 2, VISAKHAPATNAM 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER