ITO, Exemptions Ward, Cuttack V. Indian National Association for Study of the Liver, Cuttack

ITA 287/CTK/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3945 (ITAT-CUTTACK)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 17-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: KESHAV DEBEY
• Keywords: Tax effect
• Section: 154; 12A

Judgement Text

P A G E 1 | 4 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI CHANDRA MOHAN GARG , JUDICIAL MEMBER ITA NO. 287 /CTK/201 8 ASSESSMENT YEAR : 2012 - 2013 ITO, (EXEMPTIONS) WARD CUTTACK VS. M/S. INDIAN NATIONAL ASSOCIATION FOR STUDY, C/O. DR. SHIVAM PRASAD SINGH, DEPARTMENT OF GASTROENTROLGY, SCB MEDICAL COLLEGE & HOSPITAL, MANGALABAG, CUTTACK PAN/GIR NO. AAATI 6221 R (APPELLANT ) .. ( RESPONDENT ) C.O. NO.40/CTK/2018 (ARISING OUT OF ITA NO.287/CTK/2018) M/S. INDIAN NATIONAL ASSOCIATION FOR STUDY, C/O. DR. SHIVAM PRASAD SINGH, DEPARTMENT OF GASTROENTROLGY, SCB MEDICAL COLLEGE & HOSPITAL, MANGALABAG, CUTTACK VS. ITO, (EXEMPTIONS) WARD CUTTACK PAN/GIR NO.AAATI 6221 R (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI KESHAV DEBEY, AR REVENUE BY : SHRI SUBHENDU DUTTA, DR DATE OF HEARING : 05 / 02 / 201 9 DATE OF PRONOUNCEMENT : 05 / 0 2 / 201 9 O R D E R TH E APPEAL APPEAL FILED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE P A G E 2 | 4 COMMISSIONER OF INCOME TAX (APPEALS) - CUTTACK D ATED 27.3.2018 FOR THE ASSESSMENT YEAR 2 012 - 13. 2. THE SOLE ISSUE INVOLVED IN TH E APPEAL OF THE REVENUE IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) , ERRED IN HOLDING THAT NOT RECOGNIZING THE ASSESSEE AS HAVING REGISTRATION U/S.12AA OF THE I.T.ACT, 1961IS A MISTAKE APPARENT FROM RECORD, , WHEREAS, THE AO DOES NOT KNOW THE STATUS OF 12A APPLICATION OF THE ASSESSEE AND IT IS NOT PART OF AOS RECORD. 3. AT THE OUTSET, LD A.R. FOR THE ASSESSEE SUBMITTED THAT IN THE ORDER UNDER SECTION 154 OF THE ACT, THE TOTAL ASSESSED INCOME OF THE ASSESSEE WAS DETERMINED AT RS.18,83,990/ - AND THE TAX ON THE TOTAL INCOME COMES TO RS.8,01,876/ - INCLUSIVE OF INTEREST THEREON. HE SUBMITTED THAT THE CIT(A) HAS HELD THAT THE RECTIFICATION U/S.154 IS NOT CORRECT ON THE GROUND THAT THE ASSESSING OFFICER HAS NOT RECOGNISED A MISTAKE APPARENT FROM RECORD AND, THEREFORE, THE DEMAND RAISED IN THE RECTIFICATION ORD ER U/S.154 DATED 24.11.2016 WAS DELETED. HE SUBMITTED THAT IN THIS CASE, THE TAX EFFECT IS BELOW RS.20 LAKHS WHICH IS THE LIMIT PRESCRIBED BY THE CBDT NOT TO FILE APPEAL BEFORE THE TRIBUNAL AND, THEREFORE, THE APPEAL FILED BY THE REVENUE DESERVES TO BE DI SMISSED AS NOT MAINTAINABLE. P A G E 3 | 4 4. LD D.R. CONCEDED THAT THE TAX EFFECT IS BELOW RS.20 LAKHS IN THE APPEAL FILED BY THE REVENUE. 5. I HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIALS ON RECORD. IN THE PRESENT CASE, IT IS AN ADMITTED FACT THAT THE TAX RAISED BY THE ASSESSING OFFICER IS 11,08,250/ - , WHICH IS BELOW THE TAXABLE LIMIT PRESCRIBED BY CBDT IN CIRCULAR NO.03/2018 DATED 11.7.2018 NOT TO FILE APPEAL BEFORE THE TRIBUNAL. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.03 OF 2018 DATED 11.7.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IS BELOW RS.20 LAKHS, I DISMISS THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE. 6. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN SUPPORT O F THE ORDER OF THE CIT(A). SINCE I HAVE DISMISSED THE APPEAL OF THE REVENUE, THE CROSS OBJECTION OF THE ASSESSEE HAS BECOME INFRUCTUOUS AND HENCE, DISMISSED. 7. IN THE RESULT, APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. RDER PRONOUNCED ON 05 / 0 2 /201 9 . SD/ - ( CHANDRA MOHAN GARG ) JUDICIALMEMBER CUTTACK; DATED 05 / 0 2 /20 9 B.K.PARIDA, SPS P A G E 4 | 4 COPY OF THE ORDER FORWARDED TO : BY ORDER SR. PVT. SECRETARY, ITAT, CUTTACK 1. THE APPELLANT : ITO, (EXEMPTIONS) WARD CUTTACK 2. THE RESPONDENT. M/S. INDIAN NATIONAL ASSOCIATION FOR STUDY, C/O. DR. SHIVAM PRASAD SINGH, DEPARTMENT OF GASTROENTROLGY, SCB MEDICAL COLLEGE & HOSPITAL, MANGALABAG, CUTTACK 3. THE CIT(A) - 4. PR.CIT - CUTTACK 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//