DCIT, Panchkula V. M/s Haryana Warehousing Corporation, Panchkula

ITA 612/CHANDI/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 51582 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-11-2011
• Assessment Year: 2008-2009
• Appeal Filed On: 01-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY SHARMA
• Assessee Lawyers: B K NOHARIA
• Section: 12; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL,B BENCH, CHA NDIGARH BEFORE SHRI D K SRIVASTAVA, AM AND MS. SUSHMA CHOWL A, JM ITA NO. 612/CHD/2011 ASSESSMENT YEAR: 2008-09 DCIT, CIRCLE, V HARYANA WAREHOUSING CORP. PANCHKULA. BAY NO. 15-18, SECTOR 2, PANCHKULA. PAN: AAACH-3948K APPELLANT BY: SHRI AJAY S HARMA RESPONDENT BY: SHRI B.K.NOHARIA DATE OF HEARING : 14.1 1.2011 DATE OF PRONOUNCEMENT 17. 11.2011 ORDER D K SRIVASTAVA: THE APPEAL FILED BY THE DEPARTMENT IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 28.03.201 1, ON THE FOLLOWING GROUNDS: 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE C ASE, THE LD. CIT(A) IS RIGHT IN HOLDING THAT THE ASSESSE E IS CARRYING OUT ACTIVITIES INCIDENTAL TO THE MAIN OBJE CTS OF THE CORPORATION FOR WHICH IT HAS BEEN GRANTED REGISTRAT ION U/S 12AA? 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS RIGHT IN HOLDING THAT THE ASSESSE E TRUST IS ELIGIBLE FOR DEDUCTIONS U/S 11 AND 12 OF THE INCOME -TAX ACT,1961 NOTWITHSTANDING THAT THE DOMINANT ACTIVITY OF THE ASSESSEE IS OF MAKING BUSINESS PROFITS AND NOT IN T HE NATURE OF CHARITY ? 2. WE HAVE HEARD BOTH THE PARTIES. AT THE TIME OF H EARING, IT WAS SUBMITTED THAT THE ISSUE UNDER APPEAL WAS COVERED B Y THE ORDER PASSED BY THIS TRIBUNAL ON 31.3.2011 IN ACIT V M/S HARYANA WAREHOUSING CORPORATION, ITA NO.1079/CHD/2010 (A.Y. 2007-08) IN FAVOUR OF THE ASSESSEE. PARA 2 OF THE SAID ORDER RE ADS AS UNDER: WE HAVE HEARD BOTH THE PARTIES. AT THE TIME OF HEA RING IT WAS FAIRLY SUBMITTED THAT THE ISSUES RAISED IN FIRST TW O GROUNDS ARE COVERED IN FAVOUR OF THE ASSESSEE BY THE JUDGEMENT RENDERED BY THE HON'BLE JURISDICTIONAL HIGH COURT ON 30.8.2010 IN CIT V HARYANA WAREHOUSING CORP. IN ITA NO.563 OF 2006. IN THIS VIEW OF THE MATTER, FIRST TWO GROUNDS OF APPEAL ARE DISM ISSED. ITA612/CHD/2011 M/S HARYANA WAREHOUSING CORP.,PANCHKULA 2 3. FOLLOWING THE AFORESAID ORDER, THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED. ORDER PRONOUNCED ON 17.112011. SD/- SD/- (SUSHMA CHOWLA) (D K SRIV ASTAVA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17.11. 2011 POONAM COPY TO: 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE CIT(A), 4. THE CIT 5. THE D.R, INCOME-TAX DEPARTMENT, CHANDIGARH ASSISTANT REGISTRAR, ITAT, CHANDIGARH