Malabar Higher educational Society, Calicut V. CIT, Calicut

ITA 625/COCH/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7448 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-02-2016
• Assessment Year: misc
• Appeal Filed On: 25-09-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHANTOM BOSE
• Assessee Lawyers: B M WARRIER
• Section: 12AA

Judgement Text

ITA NO . 625/C/2013 1 IN THE INCOME TAX APPEL L A TE T R IBUNAL COCHIN BENCH , COCHIN BEFORE S/SH RI B P JAIN , A M & G EORGE GEORGE.K , J M ITA NO . 625/COCH/2013 MALABAR HIGHER EDUCATIONAL SOCIETY CHERANDATHUR P.O., VATAKARA, VATAKARA, KOZHIKODE - 673 541. VS. THE CIT, KOZHIKODE ( APPELLANT) ( RESPONDENT) PAN NO. PAN: AACAM 4257A ASSESSEE BY SRI B M WARRIER REVENUE BY SRI SHANTOM BOSE, CIT - DR DATE OF HEARING 29 TH FEB 2015 DATE OF PRONOUNCEMENT 1 ST MAR 2016 OR D ER PER GEORGE GEORGE. K. J M: SINCE THERE WAS A D IFFERENCE OF OPINION BETWEEN THE TWO MEMBERS CONSTITUTING THE DIVISION BENCH OF ITAT, COCHIN, THE MATTER WAS REFERRED TO THE THIRD MEMBER BY THE HONBLE PRESIDENT U/S. 255(4) OF THE ACT. THE LD. THIRD MEMBER HAS FRAMED FOLLOWING QUESTION AFTER THE CONSENT OF BOTH THE PARTIES IN APPEAL: 1 . WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LOAN RECEIVED BY THE ASSESSEE FROM VARIOUS PARTIES SHOULD BE CONSIDERED AS COLLECTION OF CAPITATION FEE? 2 . WHETHER THE COMMISSION ER OF INCOME T AX WAS JUSTIFIED IN REJECTI NG THE APPLICATION OF THE ASSESSEE FOR REGISTRATION U/S 12AA OF THE A CT.? ITA NO . 625/C/2013 2 3 . WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE HONBLE JM IS JUSTIFIED IN DIRECTING THE COMMISSIONER OF INCOME TAX TO REEXAMINE THE ISSUE IN ACCORDANCE WITH LAW.? 2 THE HONBLE THIRD MEMBER HAS AGREED WITH THE VIEW TAKEN BY THE HONBLE JUDICIAL MEMBER IN RESPECT OF THE QUESTIONS REFERRED ABOVE. ACCORDINGLY, AS PER THE MAJORITY VIEW, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE 3 . IN THE RESU LT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSE . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF MARCH 2016 . SD/ - SD/ - ( B P JAIN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN: DATED 1 ST MARCH 2016 RAJ* COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT , 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN