DDIT (E) II-1, MUMBAI V. JASLOK HOSPITAL & RESEARCH CENTRE, MUMBAI

ITA 5581/MUM/2010

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 70829 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2013
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: I
• Next Hearing Date: 12-08-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 09-07-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: O P SINGH
• Assessee Lawyers: INDIRA ANAND
• Keywords: Benefit of exemption
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I, MUMBAI BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NO. 5581/MUM/2010 ASSESSMENT YEAR : 2007-08 DDIT(E)-II-1 ROOM NO.509, PIRAMAL CHAMBERS, LALBAUG PAREL MUMBAI-400 012. VS. M/S. JASLOK HOSPITAL & RESEARCH CENTRE 15, DR. G. DESHMUKH MARG MUMBAI-400 026. PAN NO.AAAAJ 0028 Q (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. INDIRA ANAND REVENUE BY : SH RI O.P. SINGH DATE OF HEARING : 12/08/2013 DATE OF PRONOUNCEMENT : 14 / 0 8 /2013 O R D E R PER B. RAMAKOTAIAH, AM: THIS IS A REVENUE APPEAL AGAINST THE ORDERS OF CIT (A)-1, MUMBAI DATED 31.03.2010 ALLOWING EXEMPTION U/S. 11 AND ALS O SECTION 10(21) AND 10(23C) OF THE INCOME TAX ACT, 1961. 2. THE REVENUE IS OBJECTING THE ORDERS OF THE CIT(A ) IN HOLDING THAT INCOME OF THE ASSESSEE TRUST IS ENTITLED FOR EXEMPT ION U/S.11 AND ALSO UNDER OTHER SECTIONS, AS THE APPEALS ARE PENDING BE FORE HONBLE HIGH COURT. ITA NO.5581/M/10 A.Y.07-08 2 3. THE LD. DR RELIED ON THE ORDERS OF AO, WHEREAS T HE LD. AUTHORISED REPRESENTATIVE SUBMITTED THAT THIS ISSUE IS SQUAREL Y COVERED BY THE ORDERS OF THE TRIBUNAL IN EARLIER YEARS FOR ASSESSM ENT YEAR 1995-96 AND FROM AY 2001-02 ONWARDS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CONSIDER ED THE ISSUE. WE FIND THAT FOR ASSESSMENT YEAR 1995-96 AND ALSO FROM ASSESSMENT YEAR 2001-02, AO DENIED THE BENEFIT OF EXEMPTION U/S. 11 OF THE INCOME TAX ACT TO ASSESSEE. THIS MATTER WAS HELD IN FAVOUR OF THE ASSESSEE FOR THE ASSESSMENT YEAR 1995-96 AND 2001-02 AND CIT(A) FOLL OWED THE ORDERS IN EARLIER YEARS. SINCE FACTS ARE IDENTICAL HERE. IT W AS NOTICED THAT THE REVENUE HAS NOT ACCEPTED THE ORDERS OF THE ITAT AND THE APPEALS ARE PENDING BEFORE THE HON'BLE BOMBAY HIGH COURT. AO MA DE THE ADDITION IN VIEW OF THE SAME. LD. CIT(A) IN THIS ORDER HAS ALSO FOLLOWED HIS OWN ORDERS IN EARLIER YEARS, WHICH WERE UPHELD BY THE I TAT. RESPECTFULLY FOLLOWING THE ABOVE, WE CONFIRM THE ORDER OF CIT(A) IN PART I.E. WE DIRECT TO AO ALLOW THE EXEMPTION U/S. 11 SUBJECT TO FULFILLIN G OTHER CONDITIONS. SINCE NO ISSUE WAS INVOLVED WITH RESPECT TO SECTION 10(21) AND SEC 10(23C), FOLLOWING THE ORDERS IN EARLIER YEARS, WE HOLD THAT THE LD. CIT(A) WAS NOT CORRECT IN ALLOWING THE EXEMPTION UNDER THE SE SECTIONS ALSO. WE ORDER ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE REVENUE IS ALLOWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH AUGUST, 2013. SD/- SD/- (AMIT SHUKLA) JUDICIAL MEMBER (B. RAMAKOTAIAH ) ACCOUNTANT MEMBER MUMBAI, DATED: 14/08/2013. JV. ITA NO.5581/M/10 A.Y.07-08 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.