Mecca Madina Alladin Wakf, Secunderabad V. Dy. Commissioner of Income Tax , Exemption Circle-1(1), Hyderabad

ITA 226/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1652 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: misc
• Appeal Filed On: 24-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALURU VENKATA RAO
• Assessee Lawyers: B SATYANARAYANA MURTHY
• Keywords: Charitable institution
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 225/HYD/20 2018-19 WAKF ALLADIN CHARITIES ZAKATH, SECUNDERABAD [PAN: AAATW0734B] THE INCOME TAX OFFICER, EXEMPTION WARD-1(3), HYDERABAD 226/HYD/20 2018-19 MECCA MADINA ALLADIN WAKF, SECUNDERABAD [PAN: AAATM8734D] THE DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE-1(1), HYDERABAD FOR ASSESSEE : SHRI B.SATYANARAYANA MURTHY, AR FOR REVENUE : SHRI ALURU VENKATA RAO, DR DATE OF HEARING : 28-01-2021 DATE OF PRONOUNCEMENT : 16-02-2021 O R D E R THESE TWO ASSESSEES APPEALS FOR AY.2018-19 ARISE F ROM THE CIT(A)-HYDERABAD-9S ORDER(S) DATED 08-11-2019 PA SSED IN APPEAL NO.CIT(A), HYDERABAD-9/10036 & 10037/2019-20 , IN PROCEEDINGS U/S.143(1) OF THE INCOME TAX ACT, 1961 [I N SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. BOTH THESE ASSESSEES HEREIN HAVE RAISED AN IDENTIC AL SUBSTANTIVE GROUND THAT THE ASSESSING OFFICER AS WELL A S THE CIT(A) HAVE ERRED IN LAW AND ON FACTS IN MAKING THE I MPUGNED ADDITION(S) OF RS.17,08,520/- AND 9,41,380/-; RESPEC TIVELY QUA THE INCOME DERIVED FROM HOUSE PROPERTY THEREBY HOLDIN G THAT THE SAME IS NOT ENTITLED FOR SECTION 11(2) EXEMPTION. L EARNED COUNSELS ONLY CASE DURING THE COURSE OF HEARING IS THAT THE ITA NOS. 225 & 226/HYD/2020 :- 2 -: LOWER AUTHORITIES OUGHT TO HAVE TREATED THE IMPUGNED INC OME AS ELIGIBLE FOR SECTION 11 EXEMPTION IN VIEW OF THE CL INCHING FACT THAT THESE ASSESSEES HAVE BEEN SET UP AS PER THE SETTL ERS INSTRUCTION(S) DECLARING THAT THEIR INCOME FROM HOUSE PROPERTY ETC., SHALL BE APPLIED FOR CHARITABLE PURPOSES AND AL SO THAT IN ALL PRECEDING ASSESSMENT YEARS, SIMILAR CLAIMS HAVE BEEN ACCEPTED WITHOUT RESULTING IN ANY ADDITION; WHATSOEVER. 3. I FIND THAT ALL THESE ASPECTS OF THE ISSUE HAVE NOWH ERE BEEN CONSIDERED IN THE CIT(A)S IDENTICAL ORDERS. I TH EREFORE DEEM IT APPROPRIATE TO RESTORE THE ABOVE SOLE ISSUE INVO LVED IN BOTH CASES BACK TO THE CIT(A) FOR HIS DETAILED ADJUDIC ATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARIN G. 4. THESE TWO ASSESSEES APPEALS ARE TREATED AS ALLOWE D FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 16-02-2021 TNMM ITA NOS. 225 & 226/HYD/2020 :- 3 -: COPY TO : 1.WAKF ALLADIN CHARITIES ZAKATH, C/O. M/S.VENUGOPAL & CHENOY, CHARTERED ACCOUNTANTS, D.NO.4-1-889/16/2, T ILAK ROAD, HYDERABAD. 2.MECCA MADINA ALLADIN WAKF, C/O. M/S.VENUGOPAL & CHENOY, CHARTERED ACCOUNTANTS, D.NO.4-1-889/16/2, T ILAK ROAD, HYDERABAD. 3.THE DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE-1(1), HYDERABAD. 4.THE INCOME TAX OFFICER, EXEMPTION WARD-1(3), HYDERABAD. 5.CIT(APPEALS)-9, HYDERABAD. 6.CIT(EXEMPTION)-HYDERABAD. 7.D.R. ITAT, HYDERABAD. 8.GUARD FILE.