ITO, SURATGARH V. M/s. Krishi Upaj Mandi Samiti, GHARSANA

ITA 6/JODH/2014

• Counselvise Citation: 623314 RSA 2014
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-02-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 03-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N A JOSHI
• Assessee Lawyers: RAKESH GUPTA
• Keywords: Revised return
• Section: 12A

Judgement Text

IN THE INCOMETAX APPELLATE TRIBUNAL JODHPUR BENCH: JODHPUR (BEFORE SHRI H.M. MARATHA, JUDICIAL MEMBER AND SHRI N.K. SAINI, ACCOUNTANT MEMBER) I.T.A. NO. 06/JODH/2014 ASSTT. YEAR- 2005-06 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, GHARSANA. PAN NO. AABTK0466B I.T.A. NO. 07/JODH/2014 ASSTT. YEAR- 2007-08 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, GHARSANA. PAN NO. AABTK0466B I.T.A. NO. 09/JODH/2014 ASSTT. YEAR- 2007-08 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, ANOOPGARH PAN NO. AABTK0476H I.T.A. NO. 11/JODH/2014 ASSTT. YEAR- 2005-06 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, RAWLA PAN NO. AABTK0473C 2 I.T.A. NO. 12/JODH/2014 ASSTT. YEAR- 2007-08 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, RAWLA PAN NO. AABTK0473C I.T.A. NO. 14/JODH/2014 ASSTT. YEAR- 2007-08 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, SURATGARH. PAN NO. AABTK0467A I.T.A. NO. 16/JODH/2014 ASSTT. YEAR- 2007-08 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, SRIVIJAYNAGAR. PAN NO. AABTK0474F I.T.A. NO. 27/JODH/2014 ASSTT. YEAR- 2007-08 INCOME-TAX OFFICER, VS M/S. KRISHI UPAJ MANDI SA MITI, SURATGARH. DHAN MANDI, PADAMPUR. PAN NO. AABTK0296R (APPELLANT) (RESPONDENT) 3 ASSESSEES BY:- SHRI RAKESH GUPTA. DEPARTMENT BY :- SHRI N.A. JOSHI, D.R. DATE OF HEARING : 24/02/2014 DATE OF PRONOUNCEMENT : 25/02/2014 O R D E R PER: HARI OM MARATHA, J.M. ALL THE ABOVE CAPTIONED APPEALS OF THE REVENUE ARE BEING DECIDED BY A COMMON ORDER. IN ALL THESE APPEALS IDENTICAL ISSUES ARISING FROM COMMON SET OF FACTS ARE INVOLVED. 2. BRIEFLY STATED, THE COMMON FACTS OF ALL THE APPE ALS ARE THAT THE KRISHI UPAJ MANDI SAMITIES (SAMITI) WERE EXEMPT FROM INCOME TAX AS PER THE PROVISIONS OF SECTION 10(20) OF I.T. ACT, 1961 (THE ACT FOR SHO RT). THE FINANCE ACT, 2002 BROUGHT AMENDMENT IN SECTION 10(20) RESULTING INTO MAKING INCOME OF A SAMITI AS TAXABLE. HOWEVER, THESE SAMITIES APPLIED AND GOT REGISTRATION US/ 12A OF THE ACT FROM THE CIT, BIKANER. THE ASSESSEE HAD INCURRE D EXCESS EXPENDITURE OVER INCOME OUT OF SURPLUS P.D. ACCOUNT. THE INCOME OF T HE SAMITIES IF THEY ARE REGISTERED AS A TRUST U/S 12A OF THE ACT HAS BEEN T REATED AS EXEMPT BY THE TRIBUNAL. THE RELEVANT POSITION OF THIS FINDING IS EXTRACTED BELOW :- WITHOUT MUCH ADO, WE HAVE FOUND THAT THE ISSUE IN VOLVED IN THIS APPEAL AND ALL THE OTHER APPEALS STANDS FULLY COVERED IN F AVOUR OF THE APPELLANTS BY THE DECISION OF THIS BENCH RENDERED IN THE CASE OF VARIOUS SAMITIES, INCLUDING THESE VERY SAMITIES DATED 1.9.2009. THE R ELEVANT PARA I.E. PARA 6 IS BEING REPRODUCED FOR READY REFERENCE : 4 6. WE HAVE HEARD THE PARTIES AND HAVE CAREFULLY PER USED THE MATERIAL ON RECORD WITH REFERENCE TO SUB-RULE(6) OF RULE 18 OF APPELLATE TRIBUNAL RULES, 1963 AND THE PRECEDENTS CITED AT BAR. THE HO NBLE APEX CORUT IN GOETZE (INDIA) LTD. (SUPRA) HAS CLARIFIED THAT THE ISSUE AS REGARDS MAKING OF FRESH CLAIM FOR DEDUCTION OTHERWISE THAN FILING REVISED RETURN IS LIMITED TO THE POWERS OF ASSESSING AUTHORITY AND DOES NOT I MPINGE ON THE POWER OF THE TRI U/S 254 OF THE I.T. ACT. FOLLOWING THIS RAT IO, WE ARE SATISFIED THAT WHEN THE APPELLATE AUTHORITY INCLUDING THE LD. CIT( A), ENTERTAINS A NEW CLAIM AS SUCH, THE JUDGMENT RENDERED BY THE HONBLE APEX COURT IN GOETZE (INDIA) LTD. (SUPRA) DOES NOT IMPINGE HIS P OWER TO ENTERTAIN THE CLAIM FOR DEDUCTION OTHERWISE THAN BY FILING REVISE D RETURN BEFORE THE ASSESSING AUTHORITY. THE LD. CIT(A), THEREFORE, CAN NOT BE SAID TO HAVE COMMITTED ANY ERROR IN ENTERTAINING THE CLAIM FOR D EDUCTION MADE BEFORE HIM AS SUCH. 3. BOTH THE PARTIES HAVE CONCEDED THE ABOVE FACTUAL AND THE LEGAL POSITION. WE HAVE PERUSED THE TRIBUNAL ORDER AND ARE CONVINCE D THAT THE ISSUES INVOLVED IN ALL THESE APPEALS STAND COVERED IN FAVOUR OF THE ASSESSEE. 4. ACCORDINGLY, WE CANNOT ALLOW THESE APPEAL OF THE REVENUE. 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ST AND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY, 2014. SD/- SD/- (N.K. SAINI ) (HARI OM MA RATHA) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, DATED : 25 TH FEBRUARY, 2014. VL 5 COPY FORWARDED TO :- 1. APPELLANT 2. RESPONDENT- 3. THE CIT (A) 4. THE CIT 5. THE D/R BY ORDER, AR ITAT JODHPUR.