ITO, V. Baba Gandha Singh Educational Trust, Barnala

ITA 605/CHANDI/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68445 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 24-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMARVEER SINGH
• Assessee Lawyers: H R SALDI
• Keywords: Depreciation
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE SHRI T.R. SOOD, A.M AND MS. SUSHMA CHOWLA, JM ITA NO. 605/CHD/2013 ASSESSMENT YEAR : 2007-08 I.T.O. BARNALA VS. BABA GANDHA SINGH EDUCATIONAL TRUST, BARNALA AAATB 7399D (APPELLANT) (RESPONDENT) APPELLANT BY SHRI AMAR VEER SINGH RESPONDENT BY: SHRI H.R. SALDI DATE OF HEARING 20.8.2013 DATE OF PRONOUNCEMENT: 03.092013 O R D E R PER T.R.SOOD, A.M THIS APPEAL IS DIRECTED AGAINST THE ORDER DATED 22. 3.2013 OF THE LD. CIT(A), PATIALA. 2 IN THIS APPEAL THE REVENUE HAS RAISED THE FOLLOWI NG GROUND: IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD . CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 64,98,870 /- PLUS RS. 33,710/- AS AGRICULTURAL INCOME BY FOLLOWING TH E ORDER OF HON'BLE ITAT CHANDIGARH IN ITA NO. 357/CHD/2010 DATED 29.9.2010 IGNORING THE FACT THE DEPARTMENT IS ALREADY BEFORE THE HON'BLE HIGH COURT AGAINST THE S AID ORDER DATED 29.9.2010 OF THE HON'BLE ITAT, CHANDIGA RH. 3 AFTER HEARING BOTH THE PARTIES WE FIND THAT THE A SSESSEE TRUST WAS RUNNING TWO SCHOOLS AND ORIGINALLY REGIST RATION U/S 12AA WAS REFUSED BY THE LD. CIT. SINCE REGISTRATIO N WAS REFUSED THE ASSESSING OFFICER DID NOT ALLOW EXEMPTI ON U/S 10(23C)(VI) AND ACCORDINGLY ASSESSED THE INCOME AS UNDER: TAXABLE INCOME AFTER DEPRECIATION AND DEDUCTION U/S 24 RS. 64,98,870/- AGRICULTURAL INCOME RS. 33,710/- 2 4 ON APPEAL THE LD. CIT(A) ALLOWED THE CLAIM BECAUS E THE APPEAL OF THE ASSESSEE FOR GRANT OF REGISTRATION U/ S 12AA HAD BEEN ALLOWED BY THE TRIBUNAL. 5 BEFORE US, THE LD. DR FOR THE REVENUE RELIED ON T HE GROUNDS OF APPEAL. 6 ON THE OTHER HAND, THE LD. COUNSEL OF THE ASSESS EE SUPPORTED THE IMPUGNED ORDER. 7 AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT IN THIS CASE APPEAL OF THE ASSESSEE FOR GRANT OF REGIS TRATION WAS ALLOWED BY THE TRIBUNAL IN ITA NO. 231/CHD/2-12 FOR ASSESSMENT YEAR 2007-08, THEREFORE, THE ASSESSEE B ECAME ELIGIBLE FOR DEDUCTION U/S 10(23C)(VI). SINCE THE L D. CIT(A) HAS ALLOWED THE EXEMPTION ON THE BASIS OF THE ORDER OF THE TRIBUNAL, WE FIND NOTHING WRONG WITH THE SAME AND C ONFIRM THE ORDER OF THE LD. CIT. 8 IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 3.9.2013 SD/- SD/- (SUSHMA CHOWLA) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 3.9.2013 SURESH COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/THE DR