Giridih Carmel Convent School, Giridih V. DCIT(Exemption) Circle, Ranchi

ITA 50/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8305 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 01-02-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NISHA SINGH MARR
• Keywords: Retrospective amendment
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A NO.50/RAN/2019 ASSESSMENT YEAR: 2015-16 GIRIDIH CARMEL CONVENT SCHOOL CHARITABLE SOCIETY, GIRIDIH, JHARKHAND 815301. VS. DCIT, EXEMPTION CIRCLE, RANCHI PAN/GIR NO. : AAATG3915E ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SMT. NISHA SINGHMARR, JCIT(DR) DATE OF HEARING 05.03.2020 DATE OF PRONOUNCEMENT 05.03.2020 O R D E R S. S. GODARA(ORAL): THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2015-16 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS), JHARKHAND DATED 02.11.2018 PASSED IN CASE NO.CIT(A),RANCHI/10138/2017-18 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. I ACCORDINGLY PROCEED EX PARTE. 2. IT EMERGES FROM A PERUSAL OF THE CASE FILE THAT THE CIT(A) HAS DECLINED TO CONTINUE 40 DAYS DELAY IN FILING OF THE INSTANT APPEAL. THE ASSESSEE ALSO APPEARS TO HAVE FILED A CONDONATION PETITION AS WELL EXPLAINING THE IMPUGNED DELAY AS NEITHER INTENTIONAL NOR DELIBERATE BUT ON ACCOUNT OF CIRCUMSTANCES BEYOND ITS CONTROL. HONBLE APEX COURTS LANDMARK DECISION IN COLLECTOR, LAND ACQUISITION VS. MST. KATIJI (1987) 167 ITR 471 (SC) SETTLED THE LAW LONG BACK THAT THE CAUSE OF SUBSTANTIAL JUSTICE MUST PREVAIL OVER I.T.A NO.50/RAN/2019 GIRIDIH CARMEL CONVENT SCHOOL 2 ALL TECHNICAL ASPECTS. I THEREFORE CONDONE THE IMPUGNED 40 DAYS DELAY IN FILING OF THE APPEAL. THE CASE IS THEREFORE TAKEN UP FOR ADJUDICATION ON MERITS. 3. COMING TO MERIT OF THE CASE, I NOTICE WITH THE ASSISTANCE OF THE LD. DR THAT THE ASSESSING OFFICER ASSESSED ASSESSEES ALLEGED ACCUMULATED SURPLUS OF RS.98,69,161/- MAINLY ON THE GROUND THAT THE REVISED FORM.10B TO THIS EFFECT HAD BEEN BELATEDLY FILED. MRS. SINGHMARR VEHEMENTLY CONTENDED THAT SUBMITTING FORM.10B WITHIN THE PRESCRIBED TIME PERIOD IS VERY MUCH MANDATORY WITH EFFECT FROM 01.04.2016 GOING BY THE SECTION 11(2) OF THE ACT. THE FACT REMAINS THAT THE INSTANT LIS PERTAINS TO ASSESSMENT YEAR 2015-16 ONLY. THERE IS NO MATERIAL TO PROVE THAT FOREGOING PROVISION CARRIES RETROSPECTIVE EFFECT. I THEREFORE RESTORE THE ASSESSEES SOLE SUBSTANTIVE ISSUE BACK TO ASSESSING OFFICER FOR FRESH ADJUDICATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 05.03.2020. SD/- (S. S. GODARA) JUDICIAL MEMBER DATED: 05.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)