Smt. Savitri Devi , Chandauli V. DCIT, Varanasi

ITA 499/ALLD/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94957 (ITAT-ALLAHABAD)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 05-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K
• Keywords: Tax effect
• Section: 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD (SMC) BENCH ALLAHABAD BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER ITA NO. 499 /ALLD/201 4 ASSESSMENT YEAR: 2010 - 11 SRIMATI SAVITRI DEVI VS. DCIT , NAVODIT VIDYALAY SAMITI CIRCLE - 3 R/O VILL. AMOGHPUR, POST - MUGHALSARAI VARANASI. CHANDAULI. PAN: AAEAS1104N (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI A.K. PANDEY, DR. DATE OF HEARING: 15 . 10 .2015 ORDER PRONOUNCED ON: 18 /1 1 /2015 ORDER THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LEARNED CIT(A), DATED 2 6 . 06 .201 4 . 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL RELATE S TO THE REJECTION OF THE EXEMPTION U/S 10(23C) (IIIA D) AS THE ASSESSEE WAS NOT REGISTERED U/S 12A OF THE I.T. ACT. 3. I HEARD THE RIVAL SUBMISSION AND CAREFULLY CONSIDERED THE SAME WITH THE ORDER OF THE TAX EFFECT IS BELOW . I WAS GONE THROUGH THE PROVISION OF SECTION 12A AS WELL AS SECTION 10(23C) (IIIAD) IT IS AN ADMITTED FACT THAT THE GROSS RECEIPTS IN THE CASE OF THE ASSESSEE IS LESS THAN RS.1CRORE. THE ASSESSEE HAS BEEN DENIED EXEMPTION AS THE ASSESSEE DID NOT HAVE ANY R EGISTRATION U/S 12A OF THE ACT. I ITA NO.499/ALLD/2014 2 4. IN MY OPINION BOTH THE PROVISION S OF SECTION 12A AND 10(23C) (IIIAD) ARE INDEPENDENT AND THERE IS NO CONDITION HAS BEEN STIPULATED U/S 10( 23C ) (IIIAD) WHICH MAY REQUIRE AND ASSESSEES REGISTRATION U/S 12A FOR GETTING EXEMPTION U/S 10(23C)(IIIAD) OF THE ACT. I THEREFORE, SET ASIDE THE ORDER OF THE LD. CIT(A) AND THE APPEAL FILED BY THE ASSESSEE BY GRANTING THE EXEMPTION, DIRECTING THE AO TO ALLOW EXEMPTION TO THE ASSESSEE DURING THE IMPUGNED ASSESSMENT YEAR U/S 10(23C)(IIIAD). 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 / 1 1 /2015. SD/ - (P.K. BANSAL) ACCOUNTANT MEMBER DATED: 18 / 1 1 /2015 A.K.V. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR