ABR Education Foundation, Noida V. Addl. CIT, Ghaziabad

ITA 4865/DEL/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3296 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-05-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 13-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Assessee Lawyers: ASHISH GOEL
• Section: 12A; 12AA

Judgement Text

ITA NO. 4865/DEL/2013 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDEN T & SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO.-4865/DEL/2013 ( ASSESSMENT YEAR: 2008-09) ABR EDUCATION FOUNDATION HLERANK BUSINESS SCHOOL A-42, SECTOR 62, NOIDA AABTA2604D VS ADDL. CIT RANGE 1, GHAZIABAD ASSESSEE BY SH. ASHISH GOEL, CA REVENUE BY SH. S.K. JAIN, SR. DR ORDER PER K. NARSIMHA CHARY, J.M. THIS IS AN APPEAL BY THE ASSESSEE CHALLENGING THE ORDER DATED 10.05.2013 IN APPEAL NO. 73/598/2010-11/NOIDA PASSED BY THE LD. CIT (A)-NOIDA, U.P. 2. BRIEF FACTS OF THE CASE ARE THAT THE APPELLANT-A SSESSEE IS A SOCIETY REGISTERED UNDER REGISTRAR OF SOCIETY UP ON 11.08.2009 AND RUNNING HIERANK BUSINESS SCHOOL, HBS AND IS RUN NING UNDERGRADUATE COURSE BBA, BCA AND B. SC (BIOTECH) U NDER CCS UNIVERSITY AND FILED ITS RETURN OF INCOME ON 31.03. 2009 DECLARING NIL INCOME AND BY WAY OF ORDER DATED 29.11.2010 U/S 143 (3) OF THE ACT THE AO REACHED THE NET TAXABLE INCOME OF TH E SOCIETY AT DATE OF HEARING 02.05.2017 DATE OF PRONOUNCEMENT 05.05.2017 ITA NO. 4865/DEL/2013 2 RS. 40,10,568/-. APPEAL PREFERRED BY THE ASSESSEE WAS DISMISSED BY THE LD. CIT (A) BY WAY OF IMPUGNED ORDER. HENCE , THE ASSESSEE IS BEFORE US IN THIS APPEAL. 3. AT THE OUTSET, IT IS SUBMITTED BY THE LD. AR THA T AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX REFUSIN G TO GRANT REGISTRATION OF THE ASSESSEE U/S 12AA OF THE ACT, A N APPEAL IN ITA NO. 4550 OF 2009 WAS PREFERRED AND THE MATTER WAS R EMANDED TO THE FILE OF THE CIT FOR CONSIDERING THE SAME AFRESH , AND THE SAME IS PENDING AS SUCH IT WOULD BE JUST AND PROPER TO R EMAND THIS MATTER ALSO TO THE FILE OF THE AO TO CONSIDER THE C LAIM OF THE ASSESSEE AFRESH IN THE LIGHT OF THE FACTS INVOLVED IN THE APPLICATION FOR REGISTRATION OF THE ASSESSEE U/S 12AA OF THE AC T. PER CONTRA, LD. DR SUBMITS THAT NO DOCUMENTS ARE PRODUCED SO FA R IN SUPPORT OF THE CLAIM OF THE ASSESSEE AS SUCH NO USE FUL PURPOSE MAY BE SERVED BY REMANDING THE MATTER. 4. ON A CONSIDERATION OF THE MATTER BEFORE US, WE F IND THAT ABSOLUTELY THERE IS NO DISPUTE IN THE SUBMISSION OF THE LD. AR THAT AGAINST THE REFUSAL OF GRANT REGISTRATION U/S 12AA OF THE ACT AN APPEAL WAS PREFERRED IN ITA NO. 4550 OF 2009, SA ID APPEAL WAS DISPOSED OF REMANDING THE MATTER FOR RE-ADJUDICATIO N AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY TO SUBSTANTIATE T HEIR CLAIM. IT ITA NO. 4865/DEL/2013 3 IS ALSO NOT IN DISPUTE THAT THE MATTER IS STILL PEN DING WITH THE LD.CIT. IN THESE CIRCUMSTANCES, WE ARE OF THE OPIN ION THAT THE ENDS OF JUSTICE WOULD BE SERVED ADEQUATELY BY SETTI NG ASIDE THIS MATTER TO THE FILE OF THE AO TO DISPOSE OF AFRESH I N THE LIGHT OF THE DISPOSAL OF THE APPLICATION OF THE ASSESSEE U/S 12A A OF THE ACT BY THE LD. CIT. WITH THIS VIEW OF THE MATTER, WE DISP OSED OF THIS APPEAL ACCORDINGLY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH MAY, 2017 SD/- SD/- (G.D. AGRAWAL) (K. NARSIMHA CHAR Y) PRESIDENT JUDICIAL MEMBER DATED: 05.05.2017 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO. 4865/DEL/2013 4 DRAFT DICTATED ON 05.05.2017 DRAFT PLACED BEFORE AUTHOR 05.05.2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 05.05.17 KEPT FOR PRONOUNCEMENT ON 05.05.17 FILE SENT TO THE BENCH CLERK 08.05.17 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.