DCIT (Exemptions), CHENNAI V. International Institute of Bio-Technology & Toxicology, CHENNAI

ITA 2897/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5279 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 28-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRABHU MUKUNTH ARUN KUMAR JR
• Assessee Lawyers: G BASKAR
• Section: 10

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! .#$#%, ' !( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ./ ITA NOS.2896, 2897 & 2898/CHNY/2017 & C.O. NOS.29, 30 & 31/CHNY/2018 (IN I.T.A. NOS.2896, 2897 & 2898/CHNY/2017) % *% / ASSESSMENT YEARS : 2012-13 TO 2014-15 THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHENNAI CIRCLE, CHENNAI - 600 034. V. M/S INTERNATIONAL INSTITUTE OF BIO-TECHNOLOGY & TOXICOLOGY, NO.12, HARLEYS ROAD, KILPAUK, CHENNAI - 600 010. PAN : AAATF 0061 E (,-/ APPELLANT) ( RESPONDENT & CROSS-OBJECTOR) ,- . / / APPELLANT BY : SH. PRABHU MUKUNTH ARUN KUMAR, JR. STANDING COUNSEL 01,- . / / RESPONDENT BY : SHRI G. BASKAR, ADVOCATE 2 . 3' / DATE OF HEARING : 26.04.2018 45* . 3' / DATE OF PRONOUNCEMENT : 26.04.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: ALL THE THREE APPEALS OF THE REVENUE ARE DIRECTE D AGAINST THE COMMON ORDER PASSED BY THE COMMISSIONER OF INCO ME TAX (APPEALS) -17, CHENNAI, DATED 11.09.2017 AND PERTAI N TO 2 I.T.A. NOS.2896 TO 2898/CHNY/17 C.O. NOS.29 TO 31/CHNY/18 ASSESSMENT YEARS 2012-13, 2013-14 AND 2014-15. THE ASSESSEE HAS ALSO FILED CROSS-OBJECTIONS AGAINST THE VERY SA ME ORDER OF THE CIT(APPEALS). SINCE COMMON ISSUE ARISES FOR CONSID ERATION IN ALL THESE APPEALS AND CROSS-OBJECTIONS, WE HEARD THESE APPEALS AND CROSS-OBJECTIONS TOGETHER AND DISPOSING OF THE SAME BY THIS COMMON ORDER. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS EXEMP TION CLAIMED BY THE ASSESSEE UNDER SECTION 10(21) OF THE INCOME- TAX ACT, 1961 (IN SHORT 'THE ACT'). 3. WE HEARD SHRI PRABHU MUKUNTH ARUN KUMAR, THE LD. STANDING COUNSEL FOR THE REVENUE AND SHRI G. BASKAR , THE LD.COUNSEL FOR THE ASSESSEE. DURING THE COURSE OF HEARING, IT WAS BROUGHT TO THE NOTICE OF THE BENCH THAT THE CIT(APP EALS) HAS FOLLOWED THE ORDER OF THIS TRIBUNAL IN THE ASSESSEE 'S OWN CASE FOR THE ASSESSMENT YEAR 1997-98 IN WHICH THIS TRIBUNAL FOUND THAT THE ASSESSEE IS ELIGIBLE FOR EXEMPTION UNDER SECTION 10 (21) OF THE ACT. THIS ORDER OF THE TRIBUNAL FOR THE ASSESSMENT YEAR 1997-98 WAS SUBSEQUENTLY FOLLOWED BY THIS TRIBUNAL IN THE ASSES SEE'S OWN CASE FOR ASSESSMENT YEARS 1998-99 AND 2000-01. EVEN THO UGH AN APPEAL WAS SAID TO BE FILED BEFORE THE HIGH COURT, THE LD.COUNSEL 3 I.T.A. NOS.2896 TO 2898/CHNY/17 C.O. NOS.29 TO 31/CHNY/18 SUBMITTED THAT THE APPEAL WAS NOT NUMBERED TILL DAT E BY THE HIGH COURT AND IT WAS RETURNED FOR RECTIFICATION OF CERT AIN ERRORS. BY PRODUCING A COPY OF THE ASSESSMENT ORDER FOR THE AS SESSMENT YEAR 2015-16, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSING OFFICER AT PARA 4.8 OF HIS ORDER FOR THE ASSESSMENT YEAR 2015-16 HAS EXTRACTED A LETTER SAID TO BE WRITTEN B Y THE SR. STANDING COUNSEL FOR THE REVENUE SAYING THAT THESE APPEALS W ERE RE- PRESENTED BEFORE THE HIGH COURT. BE THAT AS IT MAY , THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT WHEN THE CO-ORDINATE BENCH OF THIS TRIBUNAL FOR ASSESSMENT YEARS 1997-98, 1998-99 AND 2000-01FOUND THAT THE ASSESSEE IS ELIGIBLE FOR EXEMPTION UNDER S ECTION 10(21) OF THE ACT, THIS TRIBUNAL DO NOT FIND ANY REASON TO IN TERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE OR DER OF THE CIT(APPEALS) IS CONFIRMED. 4. THE ASSESSEE HAS FILED CROSS-OBJECTIONS ONLY TO SUPPORT THE ORDER OF THE CIT(APPEALS), THEREFORE, THESE CROSS-O BJECTIONS BECOME INFRUCTUOUS. 5. IN THE RESULT, ALL THE APPEALS FILED BY THE REVE NUE AND THE CROSS-OBJECTIONS FILED BY THE ASSESSEE STAND DISMIS SED. 4 I.T.A. NOS.2896 TO 2898/CHNY/17 C.O. NOS.29 TO 31/CHNY/18 ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH APRIL, 2018 AT CHENNAI. SD/- SD/- ( ! .#$#% ) ( . . . ) (ABRAHAM P. GEORGE) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 26 TH APRIL, 2018. KRI. . 0389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. 01,- /RESPONDENT 3. 2 ;3 () /CIT(A)-17, CHENNAI 4. 2 ;3 /CIT (EXEMPTIONS), CHENNAI 5. 9< 03 /DR 6. =% > /GF.