Neelkanth Vidya Peeth, Ranga Reddy V. Income Tax Officer, Exemptions-2, Hyderabad

ITA 285/Hyd/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4800 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 01-08-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 06-03-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SATYA PRASHANT PINISETTY
• Assessee Lawyers: A V RAGHURAM
• Section: 12A; 147; 12

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES, B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NOS. 285 TO 288/ HYD /2019 A.YS: 2010 - 11 , 2011 - 12, 201 4 - 15 AND 2015 - 16 NEELKANTH VIDYA PEETH MAJEEDPUR VILLAGE HAYATNAGAR MANDAL R.R.DISTRICT 50 0 095 PAN: AABTN3063B VS I .T.O. (EXEMPTIONS) - 2 AAYAKAR BHAVAN, BASHEERBAGH HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.V. RAGHURAM , AR FOR REVENUE : S H. SATYA PRASHANT PINISETTY, DR O R D E R PER P.MADHAVI DEVI, J.M. ALL T HESE ARE ASSESSEES APPEALS FOR A.Y. 201 0 - 11 TO 2015 - 16 AGAINST THE COMMON AND CONSOLIDATED ORDER OF THE CIT(A) - 9 , HYDERABAD DATED 05 TH FEB., 2019 CONFIRMING THE DISALLOWANCE OF THE CLAIM OF DEDUCTION U/S 11 OF THE I.T. ACT, 1961 ON THE GROUND THAT THE CIT (E) HAS NOT GRANTED REGISTRATION U/S 12A OF THE I.T. ACT TO TH E ASSESSEE. 2. AT THE TIME OF HEARING , THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE CIT(A) HAS GRANTED REGISTRATION TO THE ASSESSEE W.E.F. 05/01/2016 VIDE ORDER DATED 11/6/201 6 . THEREFORE, HE PRAYED THAT THE ASSESSMENTS MAY BE REMITTED TO THE FILE OF THE AO FOR COMPLETION OF THE ASSESSMENTS IN ACCORDANCE WITH THE CERTIFICATE OF REGISTRATION U/S 12A OF THE I.T. ACT . HE SUBMITTED THAT ALL THE ASSESSMENTS HAVE BEEN REOPENED U/S 147 OF THE I.T. ACT, AND THEREFORE, THE ASSESSMENTS FOR DATE OF HEARING: 01/ 08 / 2019 DATE OF PRONOUNCEMENT: 09 /08/ 2019 ITA NOS. 285 TO 288/HYD/19 AYS:2010 - 11 TO 2015 - 16 NEELKANTH VIDYA PEETH, R.R.DT. 2 RELEVANT AYS ARE PENDING BEFORE THE AO AND IN VIEW OF THE PROVISO TO SUB - SECTION (2) OF SECTION 12A , TH E EXEMPTION U/S 11 AND 12 OF THE I.T.ACT IS APPLICABLE TO SUCH PENDING ASSESSMENTS AS WELL. 3 . HAVING REGARD TO THE RIVAL CONTENTIONS AND ALSO THE FACT THAT THE ASSESSEE HAD BEEN GRANTED REGISTRATION U/S 12A OF THE ACT W.E.F. 05/01/2016 AND THAT THE ASSESSMENTS FOR A.Y.2010 - 11 TO 2015 - 16 ARE PENDING BEFORE THE ASSESSING OFFICER ON ACCOUNT OF REOPENING U/S 147 OF THE I.T. ACT , WE DEEM IT FIT AND PROPER TO REMAND THE ASSESSMENTS TO THE FILE OF THE AO FOR RECONSIDERATION IN THE LIGHT OF THE REGISTRATION GRANTED U/S 12A OF THE I.T. ACT AND ALSO IN VIEW OF THE PROVISO TO SUB - SECTION(2) OF SEC.12A OF THE I.T. ACT. ACCORDINGLY, A L L THE FOUR APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 4 . IN THE RESULT, ALL THE FOUR APPEALS OF THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH AUGUST, 2019 . SD/ - SD/ - ( S.RIFAUR RAHMAN ) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER D ATED : 09 TH AUGUST, 2019 . *GMV ITA NOS. 285 TO 288/HYD/19 AYS:2010 - 11 TO 2015 - 16 NEELKANTH VIDYA PEETH, R.R.DT. 3 COPY TO: 1. NEELKANTH VIDYA PEETH, MAJEEDPUR VILLAGE, HAYATNAGAR MANDAL, HYDERABAD 500 095 . 2. ITO (EXEMPTIONS) , WARD 2 , HYDERABAD. 3. CIT( E ), HYDERABAD. 4. DR, ITAT, HYDERABAD. 5. GUARD FILE. // COPY // ITA NOS. 285 TO 288/HYD/19 AYS:2010 - 11 TO 2015 - 16 NEELKANTH VIDYA PEETH, R.R.DT. 4 1. DRAFT DICTATED ON 01/08/ 19 2. DRAFT PLACED BEFORE THE AUTHOR 01/08/ 19 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO SRPS 6. KEPT FOR PRONOUNCEMENT 09.08.2019 7. FILE SENT TO BENCH CLERK