M/s. Eklavya Education Foundation, Ahmedabad V. The Deputy Commissioner of Income Tax (Exmpt), Circle-1, Ahmedabad

ITA 508/AHD/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7138 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 01-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Assessee Lawyers: M K PATEL
• Keywords: Depreciation

Judgement Text

ITA NOS.729 & 508/AHD/2017 ASSESSMENT YEAR: 2013-14 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, VP AND MS. MADHUMITA ROY, JM] ITA NO.729/AHD/2017 ASSESSMENT YEAR: 2013-14 ASSTT. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, AHMEDABAD. .. .......... APPELLANT VS. EKLAVYA EDUCATION FOUNDATION, .... RESPONDENT CORE HOUSE, OFF, C.G. ROAD, NR. PARIMAL GARDEN, ELLISBRIDGE, AHMEDABAD 380 006. [PAN: AAACE 7987 R] ITA NO.508/AHD/2017 ASSESSMENT YEAR: 2013-14 EKLAVYA EDUCATION FOUNDATION, ............ APPELLANT CORE HOUSE, OFF, C.G. ROAD, NR. PARIMAL GARDEN, ELLISBRIDGE, AHMEDABAD 380 006. [PAN: AAACE 7987 R] VS. DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, AHMEDABAD. .. .. RESPONDENT APPEARANCES BY S.K. DEV FOR THE REVENUE M.K. PATEL FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : 09.01.2019 DATE OF PRONOUNCING THE ORDER : 01.04.2019 O R D E R PER PRAMOD KUMAR, VICE PRESIDENT: 1. THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORD ER DATED 9 TH JANUARY 2017 PASSED BY THE LD. CIT(A) IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3)OF THE OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2013-14. 2. WE WILL FIRST TAKE UP THE APPEAL FILED BY THE AS SESSING OFFICER. 3. IN THE FIRST GROUND OF APPEAL, THE ASSESSING OFF ICER HAS RAISED THE FOLLOWING GRIEVANCE:- ITA NOS.729 & 508/AHD/2017 ASSESSMENT YEAR: 2013-14 PAGE 2 OF 3 1) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE IS THE LD. CIT(A) JUSTIFIED IN ALLOWING THE ASSESSEES CLAIM O F DEPRECIATION WHEN THE ENTIRE COST OF FIXED ASSETS HAS BEEN ALLOWED TOWARD S APPLICATION. 4. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THIS I SSUE IS NOW COVERED, IN FAVOUR OF THE ASSESSEE, BY HONBLE SUPREME COURTS JUDGEMENT IN T HE CASE OF CIT VS. RAJASTHAN & GUAJARATI CHARITABLE FOUNDATION [(2018) 402 ITR 441 (SC)]. IN THIS VIEW OF THE MATTER, WE CONFIRM THE CONCLUSIONS ARRIVED AT BY THE LEANED CI T(A) AND DECLINE TO INTERFERE IN THE MATTER. 5. GROUND NO.1 IS DISMISSED. 6. IN GROUND NO.2, THE APPELLANT HAS RAISED THE FOL LOWING GRIEVANCE: 2) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES I S THE LD. CIT(A) JUSTIFIED IN DIRECTING THE A.O. TO ALLOW SET OFF OR BROUGHT F ORWARD LOSSES AGAINST CURRENT YEAR SURPLUS. 7. LEARNED REPRESENTATIVES AGREE THAT THIS ISSUE IS ALSO COVERED, IN FAVOUR OF THE ASSESSEE, BY HONBLE JURISDICTIONAL HIGH COURTS JU DGEMENT IN THE CASE OF CIT VS. SHRI PLOT SHWETAMBER MURTI PUJACK JAIN MANDAL [(1995) 211 ITR 293 (GUJ)], AND LEARNED CIT(A) HAS SIMPLY FOLLOWED THAT BINDING JUDICIAL PRECEDENT. E VEN THOUGH LEARNED DEPARTMENTAL REPRESENTATIVE VEHEMENTLY RELIED UPON THE STAND OF THE ASSESSING OFFICER, HE COULD NOT POINT OUT ANY DISTINGUISHING FEATURES. IN VIEW OF THESE DISCUSSIONS, AND BEARING IN MIND ENTIRETY OF THE CASE, WE APPROVE THE CONCLUSIONS ARRIVED AT BY THE LEARNED CIT(A) ON THIS POINT AS WELL. 8. GROUND NO.2 IS DISMISSED. 9. IN THE RESULT, THE APPEAL OF THE ASSESSING OFFIC ER IS DISMISSED 10. AS REGARDS THE APPEAL FILED BY THE ASSESSEE, ON LY GRIEVANCE RAISED THEREIN IS AS FOLLOWS:- (1) THE LEARNED ASSESSING OFFICER HAS ERRED IN LAW AND ON FACTS IN MAKING ADDITION OF ONE TIME ADMISSION FEES WHICH ARE CAPIT AL RECEIPTS AND AS SUCH ARE NOT INCLUDIBLE IN THE TOTAL INCOME, AND HONBLE CIT (A) HAS ERRED IN CONFIRMING THE SAME. 11. WE FIND THAT THIS ISSUE IS ALSO COVERED, IN FAV OUR OF THE ASSESSEE AND IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2010-11, 2011-12 AND 2012-13. A COPY OF THE DECISION DATED 09.04.2018 IN ASSESSEES OWN CASE IN ITA NO.2 754/AHD/2015 WAS ALSO PLACED BEFORE US. AS A MATTER OF FACT, LEARNED CIT(A), IN THE IM PUGNED ORDER, HAD DEVIATED FROM THE STAND OF HIS PREDECESSORS, BUT THEN THE STAND OF THE PRED ECESSORS HAS ALREADY BEEN CONFIRMED BY ITA NOS.729 & 508/AHD/2017 ASSESSMENT YEAR: 2013-14 PAGE 3 OF 3 THE TRIBUNAL. IN VIEW OF THIS FACTUAL POSITION, WE UPHOLD THE GRIEVANCE OF THE ASSESSEE AND DIRECT THE ASSESSING OFFICER TO DELETE THE IMPUGNED ADDITION OF RS.78,55,000/-. THE ASSESSEE GETS THE RELIEF ACCORDINGLY. 12. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED. 13. IN THE RESULT, THE APPEAL OF THE ASSESSING OFFI CER IS DISMISSED AND THE APPEAL OF THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF APRIL, 2019. SD/- SD/- MS. MADHUMITA ROY PR AMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) AHMEDABAD, THE 1 ST DAY OF APRIL, 2019 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD