Orissa Industrial Infrastructure Development Corporation Ltd., Bhubaneswar V. DCIT, Circle-4(1), Bhubaneswar

ITA 443/CTK/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5616 (ITAT-CUTTACK)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 10-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAAD KIDWAI
• Assessee Lawyers: S C BHADRA
• Keywords: Charitable institution

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 443 /CTK/2017 ASSESSMENT YEAR : 201 2 - 2013 ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, JANAPATH, BHUBANESWAR VS. DCIT, CIRCLE - 4(1), BHUBANESWAR. PAN/GIR NO. AAATO 0246 N (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI S.C.BHADRA, AR REVENUE BY : SHRI SAAD KIDWAI, CIT DR DATE OF HEARING : 26/06/ 2018 DATE OF PRONOUNCEMENT : 26 /06/ 2018 O R D E R PER N.S.SAINI, AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) - 2, BHUBANESWAR DATED 20.7.2017 FOR THE ASSESSMENT YEAR 2012 - 2013. 2. IN THIS APPEAL, THE ASSESSEE HAS RAISED AN ADDITIONAL GROUND OF APPEAL, WHICH READS AS UNDER: THE LD AO AS WELL AS THE CIT(A) MADE ADDITION OFRS.58,16,171/ - ALTHOUGH THE APPELLANT IS NOT CARRYING ON ANY BUSINESS AND FILING RETURN IN THE CAPACITY OF AN AOP, R EGISTERED U/S.12AA OF THE INCOME TAX ACT, 1961. THE CIT(A) HAS NOT ACCEDED THE PRAYER OF THE APPELLANT TO ADMIT THE TECHNICAL ISSUE U/S.40(A)(IA) OF THE I.T.ACT. 3. AT THE TIME OF HEARING, LD A.R. OF THE ASSESSEE SUBMITTED THAT ALTHOUGH THIS GROUND OF AP PEAL WAS NOT SPECIFICALLY TAKEN BEFORE THE 2 ITA NO.443/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 CIT(A) IN FORM NO.35 OF THE APPEAL BUT WAS TAKEN IN THE WRITTEN SUBMISSION FILED BEFORE THE CIT(A) DATED 19.10.2016, WHEREIN IT WAS SUBMITTED AS UNDER: THE LD AO HAS MADE ADDITION OF RS.58,16,171/ - TO THE TOTAL I NCOME, WITHOUT GIVING AN OPPORTUNITY TO EXPLAIN HIM ABOUT THE NON - DEDUCTION/SHORT DEDUCTION FROM SOURCE. YOUR HONOUR, MAY KINDLY REFER TO PARA - 2, OF THE SUBMISSION WHERE IT IS MENTIONED THAT THE APPELLANT IS FILING ITS RETURN OF INCOME IN ITR - 7, AS A CHAR ITABLE INSTITUTION AND DISCLOSED THE INCOME FROM OTHER SOURCES DUE TO THE RESTRICTION IMPOSED UPON BY THE PROVISO CONTAINED IN SECTION 2(15) OF THE INCOME TAX ACT. THE APPELLANT IS REGISTERED U/S.12A OF THE INCOME TAX ACT AS A CHARITABLE INSTITUTION. THE REGISTRATION IS MADE W.E.F. 14.1996. SINCE THEN THE INSTITUTION IS CONTINUING ITS ACTIVITIES AS A CHARITABLE INSTITUTION U/S.12AA OF THE INCOME TAX ACT. 4. LD A.R. SUBMITTED THAT THE CIT(A) HAS NOT ADJUDICATED THIS PLEA OF THE ASSESSEE. THEREFORE, HE SUBMITTED THAT THE MATTER SHOULD BE RESTORED BACK TO THE FILE OF THE CIT(A) FOR ADJUDICATING THE ISSUE. 5. LD D.R. HAD NO OBJECTION TO THE ABOVE SUBMISSION OF LD A.R. OF THE ASSESSEE. 6. IN THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE, W E SET ASIDE THE OR DER OF THE CIT(A) AND REMAND THE ISSUE BACK TO HIS FILE FOR ADJUDICATION OF THE SAME AFTER ALLOWING REASONABLE AND PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. 7. AS WE HAVE RESTORED THE ABOVE ISSUE TO THE FILE OF THE CIT(A), OTHER GROUNDS OF APPEAL ON M ERITS OF THE ADDITIONS U/S.40(A)(IA) OF THE A CT IS 3 ITA NO.443/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 ALSO RESTORED BACK TO THE FILE OF THE CIT(A) FOR ADJUDICATION AS THIS ISSUE IS CONSEQUENTIAL TO THE ADDITIONAL GROUND NO.2 NOW RAISED BEFORE US. 8. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 26 /0 6 /2018. S D/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 26 /06/2018 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, JANAPATH, BHUBANESWAR 2. THE RESPONDENT. DCIT, CIRCLE - 4(1), BHUBANESWAR 3. THE CIT(A) - 2, BHUBANESWAR 4. PR.CIT - 2, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//