Income Tax Officer Ward -4, Amaravati V. Surya Prabha Pratisthan, Amaravati

ITA 335/NAG/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2153 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 21-06-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 01-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R NINAWE
• Assessee Lawyers: R B ATAL
• Keywords: Tax effect
• Section: 10; 11

Judgement Text

1 ITA NOS. 335,336&337/NAG/2012. IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. (S.M.C.) I.T.A. NO. 335 , 336 & 337 /NAG/2012. ASSESSMENT YEAR S : 2005 - 06 , 2006 - 07 & 2007 - 08. . THE INCOME - TAX OFFICER, SURYA PRABHA PRATISTHAN, WARD - 4, AMRAVATI. VS. AMRASVATI. PAN AACAS8494B. APPELLANT. RESPONDENT. APPELLANT BY : SHRI A.R. NINAWE. RESPONDENT BY : SHRI R.B. ATAL. DATE OF HEARING : 1 4 - 07 - 2016 DATE OF PRONOUNCEMENT : 15 TH JULY, 2016 O R D E R TH ESE APPEAL S BY THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER OF LEARNED CIT(APPEALS) - II, NAGPUR DATED 28 - 05 - 2012 AND PERTAIN TO ASSESSMENT YEARS 2005 - 06, 2006 - 07 AND 2007 - 08. COMMON GROUNDS RAISED BY THE REVENUE IN THESE APPEALS READ AS UNDER : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW TH E LD. CIT(A) ERRED IN NOT APPRECIATING THAT THE TRUST DOES NOT EXIST WHOLLY FOR EDUCATIONAL PURPOSE, BUT FOR PERSONAL BENEFIT OF THE TRUSTEES. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN ENTERTAINING T HE ALTERNATIVE CLAIM OF THE ASSESSEE AND ALLOWING EXEMPTION U/S 10(23C)(IIIAD) OF THE ACT WITHOUT GIVING ANY FINDING OF THE ORIGINAL CLAIM OF DEDUCTION U/S 10 & 11 OF THE ACT BY THE ASSESSEE. 2. AT THE THRESHOLD I NOTE THAT AS PER THE CBDT CIRCULAR NO. 21 /2015 DATED 10 - 12 - 2015 THE MONETARY LIMIT FIXED FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE INCOME - TAX APPELLATE TRIBUNAL IS HAVING TAX EFFECT OF MORE THAN 2 ITA NOS. 335,336&337/NAG/2012. RS.10,00,000/ - . IT HAS BEEN MENTIONED IN PARA 10 OF THE ABOVE SAID CIRCULAR THAT THIS INSTRUCTIO N WILL APPLY RETROSPECTIVELY TO PENDING APPEALS. FURTHER IT HAS BEEN PROVIDED THAT THE PENDING APPEALS BELOW THE SPECIFIED LIMIT MAY BE WITHDRAWN/NOT PRESSED. I FIND THAT IN TH ESE APPEAL S EVEN THE COMBINED TAX EFFECT IS BELOW RS.10,00,000/ - . LEARNED D.R. DID NOT DISPUTE THAT THESE APPEALS ARE BELOW THE ABOVE SAID LIMIT. 3. THERE ARE CERTAIN EXCEPTIONS PROVIDED IN THE ABOVE SAID CIRCULAR. H OWEVER, LEARNED D.R. COULD NOT POINT OUT ANY FEATURE IN THE PRESENT APPEAL S INVITING ANY OF THE EXCEPTION S IN THE SAID CIRCULAR. 4. IN THE LIGH T OF THE ABOVE OBSERVATIONS, THESE APPEAL S BY THE REVENUE STAND DISMISSED IN LIMINE ON ACCOUNT OF TAX EFFECT. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF JULY,2016. SD/ - ( SHAMIM YAHYA) ACCOUNTANT MEMBER. NAGPUR, DATED: 15 TH JULY, 2016. 3 ITA NOS. 335,336&337/NAG/2012. COPY FORWARDED TO : 1. SURYA PRABHA PRATISTHAN, 22, SAURABHA COLONY, AMRAVATI. 2. I.T.O. WARD - 4 , AMRAVATI. 3. C.I.T. - III, NAGPUR. 4. CIT(APPEALS), - II, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGIS TRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE.