Asst. Commissioner of Income Tax, (Exemptions), Hyderabad V. Sri Venkata Sai Educational Society , Hyderabad

ITA 2041/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9468 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 02-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 12-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIBENDU MOHARANA
• Section: 43B; 143(3); 201; 13; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 2041/HYD/2018 ASSESSMENT YEAR: 2014 - 15 ACIT (EXEMPTIONS) HYDERABAD VS. SRI VENKATA SAI EDUCATIONAL SOCIETY HYDERABAD [PAN: AABTS9158C] ( APPELLANT) (RESPONDENT) REVENUE BY: SRI S IBENDU MOHARANA, CIT - DR ASSESSEE BY: NONE . DATE OF HEARING: 02/02/2021 DATE OF PRONOUNCEMENT: 15 /03/2021 ORDER PER S.S. GODARA, JM THIS REVENUES APPEAL IS DIRECTED AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS) 9 [CIT(A) FOR SHORT], HYDERABADS ORDER DATED 31.07.2018 IN CASE NO. 10115/ 201 7 - 18 FOR A.Y. 201 4 - 15 PASSED IN PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 [ THE ACT FOR SHORT]. CASE CALLED TWICE. NONE APPEARED ON BEHALF OF ASSESSEE. HEARD SRI S IBENDU MOHARANA, CIT - DR ON BEHALF OF REVENUE. CASE FILE PERUSED. 2. THE REVENUE HAS R AISED THE FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL. 1. THE CIT( A ) ERRED IN ALLOWING THE APPEAL OF THE ASSESSEE. ITA 2041/HYD/18 AY 2014 - 15 ACIT VS. SRI VENKATA SAI EDUCATIONAL SOCIETY 2 2. THE CIT(A) ERRED IN DIRECTING THE AO TO COMPUTE THE INCOME OF THE ASSESSEE AS PER SECTION 11 OF THE INCOME TAX ACT, 1961 WHEN THE ASSESSEES GROSS RECEIPTS FROM FEE COLLECTIONS ARE MORE THAN ONE CRORE AND THE ASSESSEE HAS NOT OBTAINED THE APPROVAL U/S 10(23C)(VI) OF THE INCOME TAX ACT, 1961. 3. THE CIT(A) ERRED IN DECIDING THAT ONCE THE INCOME AS PER SEC.11 OF THE I.T.ACT, 1 961 IS COMPUTED, THE PROVISIONS OF SEC.40A(7) ARE NOT APPLICABLE WITH REGARD TO DISALLOWANCES MADE U/S 43B IN THE ASSESSMENT ORDER. 4. ANY OTHER GROUND(S) THAT MAY BE URGED AT THE TIME OF HEARING. 3. IT TRANSPIRES AT THE OUTSET THAT THE REVENUES SUBSTANTIVE GRIEVANCE(S) RAISED IN THE INSTANT APPEAL IS NO MORE RES INTEGRA GOING BY CIT(A)S DETAILED DISCUSSION FOLLOWING TRIBUNALS COORDINATE BENCH ORDER (S) IN A.Y. 2005 - 06 TO 2010 - 11 COUPLED WITH LOWER APPELLATE AUTHORIT Y S SIMILAR ORDER FOR A.Y. 20 13 - 14. THE REVENUE IS FAIR ENOUGH IN NOT PIN POINTING ANY DISTINCTION QUA THE LATTER ISSUE OF S EC.40A (7) R.W. S. 43B SINE THE SAME WOULD BE CONSEQUENTIALLY ALLOWABLE FOR SEC.11 EXEMPTION ONLY. WE THUS DECLINE R EVENUES SOLE SUBSTANTIVE GROUND AND CONFI RM CIT(A)S ORDER UNDER CHALLENGE. THIS REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2021. SD/ - SD/ - (L.P. SAHU) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER HYDERABAD, DATED 15 TH MARCH, 2021. *GMV ITA 2041/HYD/18 AY 2014 - 15 ACIT VS. SRI VENKATA SAI EDUCATIONAL SOCIETY 3 COPY TO: 1 SRI VENKATA SAI EDUCATIONAL SOCIETY, 16 - 2 - 740/51, KALYAN NAGAR, GADDIANNARAM, HYDERABAD 500 0 60 , TELANGANA. 2 ACIT (EXEMPTIONS), HYDERABAD 3 CIT (A) - 9, HYDERABAD 4 PR. CIT - 9 , HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE