KSHETRIYA KHADI GRAMODYOG SAMITI, Dausa V. CIT, Alwar

ITA 349/JPR/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54105 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 20-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBHASH CHANDRA
• Assessee Lawyers: LAJPAT RAI
• Section: 263

Judgement Text

1 ITA 349-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH B JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ITA NO. 349/JP/2011 ASSTT. YEAR : 2006-07. KSHETRIYA KHADI GRAMODYOG SAMITI, VS. THE INCOME-T AX OFFICER, M/S. R.K. KHANDELWAL & CO., ADVOCATE, WARD DAUSA. PUROHITJI KA KATLA, JOHARI BAZAR, JAIPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI LAJPAT RAI RESPONDENT BY : SHRI SUBHASH CHANDRA DATE OF HEARING : 16.08.2011 DATE OF PRONOUNCEMENT : 19.8.2011. ORDER DATE OF ORDER : 19/08/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY ASSESSEE AGAINST INVOKING PRO VISIONS OF SECTION 263 TO WITHDRAW EXEMPTION UNDER SECTION 10(23B) OF THE I.T . ACT. 2. THE LD. COUNSEL OF THE ASSESSEE STATED THAT ON I DENTICAL FACTS IN THE CASE OF ASSESSEE ITSELF PROVISIONS OF SECTION 263 IS INVOLV ED IN ASSESSMENT YEAR 2005-06 ALSO AND MATTER HAS BEEN SENT BACK TO THE FILE OF LD. CIT TO PASS A FRESH ORDER AFTER CONSIDERING THE APPROVAL OBTAINED BY THE ASSESSEE SUBSEQUENTLY. 3. THE LD. D/R HAS ALSO NOT OBJECTED THE CONTENTION OF THE LD. A/R. 4. SINCE THE FACTS ARE IDENTICAL, THEREFORE, ON THE SAME REASONS GIVEN WHILE DISPOSING THE APPEAL FOR ASSESSMENT YEAR 2005-06, WE SET ASID E THE ORDER OF LD. CIT IN THIS CASE ALSO 2 AND RESTORE THE MATTER BACK TO HIS FILE TO MAKE A F RESH ASSESSMENT AFTER CONSIDERING THE APPROVAL OBTAINED BY THE ASSESSEE SUBSEQUENTLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 6. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 19. 08.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, D/- COPY FORWARDED TO :- KSHETRIYA KHADI GRAMODYOG SAMITI, DAUSA. THE ITO WARD DAUSA. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 349/JP/2011) BY ORDER, AR ITAT JAIPUR.