ITO (EXEMPTION)-2(1) MUMBAI, MUMBAI V. MANGHNANI CHARITABLE TRUST, MUMBAI

ITA 5343/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 9803 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 30-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH RAI
• Assessee Lawyers: RUCHI TAMHANKAR
• Keywords: Charitable institution
• Section: 154

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J , MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, J UDICIAL M EMBER, A ND SHRI N.K. PRADHAN , A CCOUNTANT M EMBER ITA NO . 5343 /MUM/20 16 ASSESSMENT YEAR: 20 10 - 11 INCOME TAX OFFICER (E) WARD - 2(1), ROOM NO.512 5 TH FLOOR, PIRAMAL CHAMBERS LALBAUG, LOWER PAREL MUMBAI 400 077 / VS. M/S. MANGHNANI CHARITABLE TRUST 301, NOTAN CHAMBERS TURNER ROAD, BANDRA (W) MUMBAI 400 050 ( / REVENUE) ( /ASSESSEE) P.A. NO. AAATM5238L / REVENUE BY SHRI SAURABH RAI / ASSESSEE BY MS. RUCHI TAMHANKAR / DATE OF HEARING : 19 /0 3 /2018 / DATE OF ORDER: 19 /0 3 /2018 / O R D E R PER JOGINDER SINGH ( JUDICIAL MEMBER ) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 30.06.2016, OF THE LD. COMMISSIONER OF INCOME TAX (APPEAL) DIRECTING THE ASSESSING OFFICER TO EXPEDITE M/S. MANGHNANI CHARITABL E TRUST 2 THE DISPOSAL OF APPLICATION OF THE ASSESSEE MADE U/S 154 OF THE ACT AND ALLOWING THE CARRY FORWARD OF DEFICIT OF RS. 1,40, 94,545 AND ALLOWING SET - OFF AGAINST INCOME OF THE SUBSEQUENT YEAR. 2. DURING THE HEARING, THE LEARNED D.R. FILED AN APPL ICATION DATED 15.03.2018, WITH A REQUEST THAT THE DEPARTMENT MAY BE PERMITTED TO WITHDRAW THE APPEAL FILED BEFORE THE TRIBUNAL. THE LEARNED D.R., SHRI SAURABH RAI, CONTENDED THAT IN VIEW OF THE AFORESAID APPLICATION, THE DEPARTMENT MAY BE PERMITTED TO WITH DRAW THE APPEAL. THE LD. COUNSEL FOR THE ASSESSEE, MS. RUCHI TAMHANKAR , HAVE NO OBJECTION TO THE REQUEST OF THE LEARNED D.R. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WITHOUT GOING INTO MUCH DELIBERATION AN D IN VIEW OF APPLICATION OF THE DEPARTMENT DATED 15.03.2018, AND CONTENTION OF THE LEARNED D.R., THE DEPARTMENT IS PERMITTED TO WITHDRAW THE APPEAL, THEREFORE, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. M/S. MANGHNANI CHARITABL E TRUST 3 FINALLY, THE APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN. T HIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LEARNED REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 19 TH MARCH , 2018. SD/ - ( N.K. PRADHAN ) SD/ - (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 1 9 / 03 /2018 PRADEEP J. CHOWDHURY , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE ASSESSEE 2. / THE RE VENUE 3. , ( ) / THE CIT, MUMBAI. 4. / CIT(A) - , MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI