THE COTTON TEXTILES EXPORT PORMOTION COUNCIL, MUMBAI V. ITO(E) I(1), MUMBAI

ITA 317/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 88198 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 22-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 10-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R N DSOUZA
• Assessee Lawyers: J D MISTRI SHRI NIRAJ SHETH
• Keywords: Charitable institution
• Section: 12A; 12; 11

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BE NCH, MUMBAI , !' #$%& , '' ' ( BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ./I .T.A. NO. 317/MUM/2013 ( ! ! ! ! ) ) ) ) / ASSESSMENT YEAR :2009-10 THE COTTON TEXTILES EXPORT PROMOTION COUNCIL, ENGINEERING CENTRE, 5 TH FLOOR, 9, MATHEW ROAD, MUMBAI-400 004 ! ! ! ! / VS. THE ITO (EXEMPTION)1(1), MUMBAI PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI-400 012 * '' ./ + ./ PAN/GIR NO. : AAAAT 9241M ( *, / APPELLANT ) .. ( -.*, / RESPONDENT ) *, / ' / APPELLANT BY: SHRI J.D. MISTRI SHRI NIRAJ SHETH -.*, 0 / ' / RESPONDENT BY: SHRI R.N. DSOUZA ! 0 12' / DATE OF HEARING :28.01.2015 3) 0 12' / DATE OF PRONOUNCEMENT :28.01.2015 '4 / O R D E R PER N.K. BILLAIYA, AM: WITH THIS APPEAL THE ASSESSEE HAS CHALLENGED THE C ORRECTNESS OF THE ORDER OF THE LD. CIT(A)-1, MUMBAI DT. 15.10.2012 PE RTAINING TO A.. 2009- 10. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IS THAT THE L D. CIT(A) ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER OF NOT GRANTING THE ITA NO. 317/M/2013 2 ASSESSEE EXEMPTION U/S.11 OF THE I.T. ACT, 1961 AND WITHOUT PREJUDICE TO THIS GROUND, THE ASSESSEE CLAIMS THAT THE ACTIVITI ES CARRIED ON BY IT DO NOT FALL WITHIN THE DEFINITION OF THE TERM CHARITABLE PURPOSE U/S. 2(15) OF THE I.T ACT, 1961. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE POINTED OUT THAT THE ISSUE IS NOW WELL SETTLED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE DECISION OF THE TRIBUNAL IN ASSESSEE S OWN CASE VIDE ITA NO. 325/M/2012. THE LD. COUNSEL POINTED OUT THAT A GAINST THE WITHDRAWAL OF CERTIFICATE U/S. 12A OF THE ACT, THE ASSESSEE HAD PREFERRED AN APPEAL BEFORE THE TRIBUNAL. THE LD. COUNSEL FUR THER STATED THAT SINCE THE CERTIFICATE U/S. 12A WAS WITHDRAWN BY THE DIT ( EXEMPTION), THE LD. CIT(A) WAS OF THE FIRM BELIEF THAT THE ASSESSEE DO NOT QUALIFY FOR ANY EXEMPTION U/S. 11 & 12 OF THE ACT. IT IS THE SAY O F THE LD. COUNSEL THAT NOW THE TRIBUNAL HAS GRANTED THE REGISTRATION U/S. 12A OF THE ACT, THERE REMAINS NO REASON WHY EXEMPTION U/S. 11 & 12 OF THE ACT SHOULD NOT BE ALLOWED TO THE ASSESSEE. 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCE DED TO THIS. 5. WE HAVE CAREFULLY PERUSED THE ASSESSMENT ORDER A ND THE ORDER OF THE FIRST APPELLATE AUTHORITY. WE FIND THAT THE TR IBUNAL IN ITA NO. 325/M/2012 HAS SET ASIDE THE ORDER OF THE DIT (EXEM PTION) AND RESTORED THE REGISTRATION TO THE ASSESSEE GRANTED U/S. 12A O F THE ACT. SINCE THE REGISTRATION HAS BEEN RESTORED BY THE TRIBUNAL, WE DO NOT FIND ANY REASON WHY EXEMPTION SHOULD NOT BE ALLOWED TO THE ASSESSEE . WE, SET ASIDE THE FINDINGS OF THE LD. CIT(A) AND DIRECT THE AO TO ALL OW THE EXEMPTION TO THE ASSESSEE. ITA NO. 317/M/2013 3 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 28 TH JANUARY, 2015. SD/- SD/- (JOGINDER SINGH ) (N.K. BILLAIYA) /JUDICIAL MEMBER '' / ACCOUNTANT MEMBER MUMBAI; 5! DATED : . ! . ./ RJ , SR. PS '4 '4 '4 '4 0 00 0 -1# -1# -1# -1# 6'#)1 6'#)1 6'#)1 6'#)1 / COPY OF THE ORDER FORWARDED TO : 1. *, / THE APPELLANT 2. -.*, / THE RESPONDENT. 3. 7 ( ) / THE CIT(A)- 4. 7 / CIT 5. #8 -1! , , / DR, ITAT, MUMBAI 6. 9 : / GUARD FILE. '4! '4! '4! '4! / BY ORDER, .#1 -1 //TRUE COPY// ; ;; ; / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI