M/s. Eklavya Education Foundation, Ahmedabad V. The ACIT (Exmpt), Circle-1, Ahmedabad

ITA 380/AHD/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1899 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 02-12-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 16-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIDUYT TRIVEDI
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Capital receipt
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.380/AHD/2018 (ASSESSMENT YEAR : 2014-15) M/S. EKLAVYA EDUCATION FOUNDATION CORE HOUSE, OFF. C.G. ROAD NEAR PARIMAL GARDEN, ELLISBRIDGE, AHMEDABAD VS. ACIT(EXEMPT) CIRCLE-1, AHMEDABAD [ PAN NO. AAA CE7 982 R ] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI MEHUL K. PATEL, A.R. RESPONDENT BY : SHRI VIDUYT TRIVEDI, SR. D.R. DATE OF HEARING 02.12.2019 DATE OF PRONOUNCEMENT 10.12.2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE ASSESSEE IS DIRECTE D AGAINST THE ORDER DATED 22.12.2017 PASSED BY THE COMMISSIONER OF INCO ME TAX (APPEALS) 9 AHMEDABAD UNDER SECTION 143(3) OF THE INCOME TAX AC T, 1961 (HEREINAFTER REFERRED AS TO THE ACT) ARISING OUT OF THE ORDER DATED 10.10.2016 PASSED BY THE ACIT(EXEMP.), CIRCLE-1, AHMEDABAD FOR ASSESSMEN T YEAR 2014-15. 2. THE MATTER RELATES TO ADDITION OF ONE-TIME ADMIS SION FEE OF RS. 1,32,87,250/- ON THE ALLEGED GROUND OF THE SAME BEI NG REVENUE RECEIPT. ITA NO.380/AHD/2018 EKLAVYA EDUCATION FOUNDATION VS. ACIT ASSESSMENT YEAR 2014-15 - 2 - AT THE TIME OF HEARING OF THE INSTANT APPEAL THE L EARNED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE ISSUE HAS BEEN DECIDED BY THE LEARNED CIT(A) ON THE BASIS OF THE O RDER PASSED BY HIM AGAINST THE ASSESSEE FOR ASSESSMENT YEAR 2013-14 BU T FACTS REMAINS THAT THE ISSUE IS SQUARELY COVERED BY THE ORDER PASSED BY TH E CO-ORDINATE BENCH ON 01.04.2019 IN ITA NO. 729/AHD/2017 WHEREBY AND WHER EUNDER SAID ONE- TIME ADMISSION FEES HAS BEEN ALLOWED. A COPY OF THE ORDER DATED 01.04.2019 HAS ALSO BEEN SUBMITTED BEFORE US BY THE LEARNED AR . HOWEVER, THE LEARNED AR HAS BEEN FAILED TO CONTROVERT SUCH CONTE NTIONS MADE BY THE LEARNED AR. 3. HEARD THE PARTIES, WE HAVE ALSO PERUSED THE RELE VANT MATERIALS AVAILABLE ON RECORD INCLUDING THE ORDER PASSED BY T HE CO-ORDINATE BENCH IN ITA NO. 729/AHD/2017 FOR A.Y. 2013-14. THE RELEVAN T PARAGRAPH WHEREOF IS AS FOLLOWS:- 10. AS REGARDS THE APPEAL FILED BY THE ASSESSEE, O NLY GRIEVANCE RAISED THEREIN IS AS FOLLOWS:- (1) THE LEARNED ASSESSING OFFICER HAS ERRED IN LAW AND ON FACTS IN MAKING ADDITION OF ONE TIME ADMISSION FEES WHICH ARE CAPIT AL RECEIPTS AND AS SUCH ARE NOT INCLUDIBLE IN THE TOTAL INCOME, AND HON'BLE CIT(A) HAS ERRED IN CONFIRMING THE SAME. 11. WE FIND THAT THIS ISSUE IS ALSO COVERED, IN FAV OUR OF THE ASSESSEE AND IN ASSESSEE'S OWN CASE FOR THE ASSESSMENT YEARS 2010-1 1, 2011-12 AND 2012-13. A COPY OF THE DECISION DATED 09.04.2018 IN ASSESSEE 'S OWN CASE IN ITA NO.2754/AHD/2015 WAS ALSO PLACED BEFORE US. AS A MA TTER OF FACT, LEARNED CIT(A), IN THE IMPUGNED ORDER, HAD DEVIATED FROM TH E STAND OF HIS PREDECESSORS, BUT THEN THE STAND OF THE PREDECESSOR S HAS ALREADY BEEN CONFIRMED BY THE TRIBUNAL. IN VIEW OF THIS FACTUAL POSITION, WE UPHOLD THE GRIEVANCE OF THE ASSESSEE AND DIRECT THE ASSESSING OFFICER TO DELETE THE IMPUGNED ADDITION OF RS. 78,55,000/-. THE ASSESSEE GETS THE RELIEF ACCORDINGLY. ITA NO.380/AHD/2018 EKLAVYA EDUCATION FOUNDATION VS. ACIT ASSESSMENT YEAR 2014-15 - 3 - 12. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED. RESPECTFULLY RELYING UPON THE ORDER PASSED BY THE HONBLE CO- ORDINATE BENCH WE FIND NO JUSTIFICATION FOR ALLOWIN G SUCH ADDITION MADE BY THE AUTHORITIES BELOW TO THE TUNE OF RS. 1,32,87,25 0/- WHEN THE SAME IS CAPITAL RECEIPT. WE, THUS DELETE THE ADDITION. THE GROUND OF APPEAL OF THE ASSESSEE IS THUS ALLOWED. 4. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 10/12/2019 SD/- SD /- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 10/12/2019 TANMAY, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)- 5. , , / DR, ITAT, AHMEDABAD 6. !' #$ / GUARD FILE. / BY ORDER //TRUE COPY// / (DY./ASSTT.REGISTRAR) , !' / ITAT, AHMEDABAD