The Joint Commissioner of Income-tax, Phagwara V. M/s. Tara lEducational Charitable Trust, Phagwara

ITA 536/ASR/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60662 (ITAT-AMRITSAR)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 03-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: J S BHASIN
• Keywords: Charitable institution

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO.536(ASR)/2011 ASSESSMENT YEAR:2006-07 PAN:AAATT6565H JOINT COMMR. OF INCOME-TAX, VS. M/S. TARA EDUCATION AL CHARITABLE TRUST, PHAGWARA CIRCLE, PHAGWARA. PHAGWARA. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMRIK CHAND, DR RESPONDENT BY:SH. J.S. BHASIN, ADV. DATE OF HEARING :09/05/2012 DATE OF PRONOUNCEMENT: 09/05/2012 ORDER PER BENCH: THIS APPEAL OF THE REVENUE ARISES FROM THE ORDER OF THE CIT(A), JALANDHAR, DATED 22.08.2011 FOR THE ASSESSMENT YEA R 2006-07. 2. THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APP EAL: 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.16,78,719/- MADE BY THE AO OBSERVING THAT SINCE THE ASSESSEE HAD CLAIMED INVES TMENT OF RS.51,15,635/- IN VARIOUS ASSETS AS APPLICATION OF INCOME, THE SURPLUS OF RS.16,78,719/- WAS LEVIABLE TO TAX AT MA XIMUM MARGINAL RATE. ITA NO.536/ASR/2011 2 1A. WHILE DELETING THE ADDITION OF RS.16,78,719/- L D. CIT(A) HAS FAILED TO APPRECIATE THAT THE AO WHILE MAKING THE A DDITION HAD RIGHTLY RELIED UPON THE DECISION OF HONBLE UTTRAKH AND HIGH COURT IN THE CASE OF CIT VS. QUEENS EDUCATIONAL SOC IETY AND CIT VS. SAINT PAUL SR. SECONDARY SCHOOL. 2. IT IS PRAYED THAT THE ORDER OF THE LD. CIT(A) BE SET ASIDE AND THAT OF THE AO RESTORED. 3. THE APPELLANT REQUESTS FOR LEAVE TO ADD OR AMEND OR ALTER THE GROUNDS OF APPEAL BEFORE THE APPEAL IS HEARD AND DI SPOSED OF. CERTIFIED TO BE TRUE COPY SD/- (ARVINDER SINGH) JOINT COMMISSIONER OF INCOME TAX (OSD) PHAGWARA CIRCLE, PHAGWARA. 2. AT THE TIME OF HEARING, IT WAS NOTICED THAT THE REGISTRY, HAD ISSUED DEFECT MEMO DATED 25.11.2011 TO THE DEPARTMENT IN T HIS CASE, INDICATING THE FOLLOWING DEFECTS, WHICH HAVE NOT BEEN RECTIFIED TI LL DATE. 1. COPIES OF GROUNDS OF APPEAL & STATEMENT OF FACTS FILED BEFORE CIT(A) ARE NOT FILED. 2. CERTIFIED COPIES OF GROUNDS OF APPEAL ARE NOT FI LED BEFORE TRIBUNAL. 3. WE ARE OF THE VIEW THAT THE DEPARTMENT IS NOT IN TERESTED TO PROSECUTE THE MATTER IN DISPUTE, THEREFORE, THE PRESENT APPEA L IS DISMISSED BEING DEFECTIVE. HOWEVER, THE DEPARTMENT IS AT LIBERTY T O APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER AFTER RECTIFYING THE DEFEC TS, AS POINTED OUT BY THE REGISTRY FOR ADJUDICATING THE APPEAL IN ACCORDANCE WITH LAW. THUS, THE APPEAL OF THE REVENUE IS DISMISSED BEING DEFECTIVE, IN LIMINE. ITA NO.536/ASR/2011 3 4 IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9TH MAY, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 9TH MAY, 2012 /SKR/ COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE:M/S. TARA EDUCATIONAL CHARITABLE TRUST , PHAGWARA. 2. THE J.C.I.T., PHAGWARA CIRCLE, PHAGWARA. 3. THE CIT(A), JLR 4. THE CIT, JLR. 5. THE SR DR, ITAT, AMRITSAR TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH : AMRITSAR.