THE ITO-WARD-1, Akola V. LAXMIBAI GANGANE SHIKSHAN PRASARAK MANDAL, Akola

ITA 466/NAG/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1720 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 27-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Section: 143(3); 260A; 12A; 12AA; 147; 12

Judgement Text

1 ITA NOS. 466 & 467/NAG/2013 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NOS. 466 & 467 /NAG/2013 ASSESSMENT YEAR S: 2007 - 08 & 2008 - 09. THE INCOME - TAX OFFICER, LAXMIBAI GANGANE SHIKSHAN WARD - 1, AKOLA. V/S. PRASARAK MANDAL, YA TRA CHOWK, AKOT, DIST. AKOLA. PAN AAATL6313R APPELLANT. RESPONDENT. APPELLANT BY : SHRI NARENDRA KANE. RESPONDENT BY : SHRI K.P. DEWANI. DATE OF HEARING : 29 - 07 - 2015 DATE OF PRONOUNCEMENT : 21 ST AUGUST, 2015 O R D E R PER MUKUL K. SHRAWAT, J.M. . THESE TWO APPEALS HAVE BEEN FILED BY THE REVENUE ARISING FROM TWO SEPARATE ORDERS OF LEARNED CIT(APPEALS) - I, NAGPUR BOTH DATED 27 - 09 - 2013 PERTAINING TO ASSESSMENT YEARS 2007 - 0 8 AND 2008 - 09. FOR BOTH THE YEARS REVENUE HAS RAISED IDENTICALLY WORDED GROUND, AS RE PRODUCED BELOW : ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) ERRED IN ALLOWING THE EXEMPTION U/S 10(23C)(IIIAB) OF THE I.T. ACT, 2961 BY FOLLOWING THE DECISION OF THE ITAT, NAGPUR BENCH IN ITA NO. 146/NAG/2012 DT. 08.02.2012 FOR A.Y. 2006 - 07 WHICH IS NOT ACCEPTED BY THE DEPARTMENT AND APPEAL U/S 260A IS FILED AND THE APPEAL IS SUB - JUDICE BEFORE THE HONBLE HIGH COURT. 2 ITA NOS. 466 & 467/NAG/2013 2. WHILE PASSING THE ORDER FOR THE YEARS UNDER CONSIDERATION UNDER SECTION 143(3) READ WITH SECTION 147 OF I.T. ACT I T WAS NOTED BY THE ASSESSING OFFICER THAT THE TRUST WAS REGISTERED UNDER SECTION 12AA OF I.T. ACT ONLY WITH EFFECT FROM 21 - 0 1 - 2009. SINCE FOR THE YEARS THE TRUST WAS NOT REGISTERED UNDER SECTION 12AA, THEREFORE THE ASSESSING OFFICER HAS PROCEED ED TO COMPUTE THE INCOME ON NORMAL ACCOUNTANCY PRINCIPLES. IN THE RETURN OF INCOME THE ASSESSEE HAD CLAIMED EXEMPTION UNDER SECTION 10(23C) OF I.T. ACT. HOWEVER, THE ASSESSING OFFICER HAS ASSESSED THE INCOME AFTER DISALLOWING THE EXPENDITURE CLAIMED BY THE ASSESSEE ON THE GROUND THAT THE ASSESSEE WAS NOT ENTITLED FOR THE BENEFIT OF THE PROVISIONS OF SECTION 11, 12 AND 12A OF I.T. ACT. 3. WHEN THE MATTER WAS CARRIED BEFORE THE FIRST APPELLATE AUTHORITY IT WAS INFORMED THAT IN ASSESSEES OWN CASE FOR ASSESSME NT YEAR 2006 - 07 THE ITAT, NAGPUR BENCH (E - COURT, MUMBAI) IN ITA NO. 146/NAG/2012, ORDER DATED 8 TH FEB., 2013 HAS DISCUSSED THIS ISSUE AT LENGTH AND HELD THAT THE ASSESSEE WAS ENTITLED FOR EXEMPTION UNDER SECTION 10(23C)(IIIAB). FOLLOWING THE SAID DECISION IT WAS CONCLUDED BY LEARNED CIT(APPEALS) THAT THE FACTS AND CIRCUMSTANCES WERE IDENTICAL, HENCE ALLOWED THE APPEAL OF THE ASSESSEE. 4. WITH THIS BRIEF BACKGROUND WE HAVE HEARD BOTH THE SIDES. UNDER THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE CASE WE ARE OF THE CONSIDERED OPINION THAT ONCE THE RESPECTED COORDINATE BENCH HAS TAKEN A VIEW IN ASSESSEES OWN CASE AS CITED SUPRA THAT THIS ASSESSEE TRUST IS ELIGIBLE FOR EXEMPTION UNDER SECTION 10(23C)(IIIAB) THEN IN THE ABSENCE OF ANY CONTRARY MATERIAL, W E HEREBY HOLD THAT THE ASSESSEE IS ELIGIBLE FOR COMPUTATION OF INCOME AFTER ALLOWING EXEMPTION UNDER SECTION 10(23C)(IIIAB) OF THE I.T. ACT. WE HOLD ACCORDINGLY. GROUND RAISED BY THE REVENUE IS DISMISSED. 3 ITA NOS. 466 & 467/NAG/2013 5. IN THE RESULT, BOTH THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF AUGUST, 2015. SD/ - SD/ - ( SHAMIM YAHYA) (MUKUL K. SHRAWAT) ( ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 21 ST AUGUST, 2015. COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. TRUE COPY. BY ORDER WAKODE ASSISTANT REGISTRAR, ITAT, NAGPUR 4 ITA NOS. 466 & 467/NAG/2013