Andhra Pradesh State Seed Certification Agency, Guntur V. Asst. Commissioner of Income, (Exemption), Hyderabad

ITA 625/Hyd/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0608 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 05-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: S RAMA RAO
• Section: 12A; 12AA; 10; 11

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE S MT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S . RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NO. 6 2 5 /HYD/201 8 ASSESSMENT YEAR: 20 14 - 15 ANDHRA PRADESH STATE SEED CERTIFICATION AGENCY, GUNTUR PAN A AATA 4858 L VS. ASST. COMMISSIONER OF INCOME - TAX (EXEMPTIONS), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S. RAMA RAO REVENUE BY : SHRI KIRAN KATTA DATE OF HEARING : 04 - 0 9 - 201 8 DATE OF PRONOUNCEMENT : 14 - 0 9 - 201 8 O R D E R PER S . RIFAUR RAHMAN, A .M.: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF DATED 14 TH DECEMBER, 201 7 OF CIT(A) 9 , HYDERABAD, FOR AY 20 1 4 - 1 5 . 2. BRIEF FACTS OF THE CASE ARE THAT ASSESSEE IS ESTABLISHED BY GOVT. OF AP NOTIFICATION AND IS ALSO REGISTERED UNDER AP PUBLIC SOCIETIES REGISTRATION ACT. IT WAS GRANTED REGISTRATION U/S 12A OF THE INCOME - TAX ACT, 1961. HOWEVER, AFTER AMENDMENT OF SECTION 2(15), CCIT WITHDREW THE APPROVAL GRANTED U/S 10(23C) OF THE ACT AND EVEN THE HONBLE AP HIGH COURT DISMISSED THE WRIT PETITION FILED BY THE ASSESSEE AGAINST THE SAID ORD ER OF CCIT. DIT(E) ALSO WITHDREW THE REGISTRATION EARLIER GRANTED U/S 12AA VIDE ORDER DATED 30/04/2012. SINCE THE ASSESSEE HAD NEITHER 12A REGISTRATION NOR 10(23C) APPROVAL, THE AO DID NOT GRANT EXEMPTION U/S 11 OF THE ACT AND BROUGHT TO TAX THE SURPLUS I NCOME OVER EXPENDITURE AND ASSESSED THE INCOME OF THE ASSESSEE AT RS. 9,98,201/ - AS AGAINST NIL INCOME RETURNED BY THE ASSESSEE. 2 ITA NO. 625 /HYD/201 8 AP STATE SEED CERTIFICATION AGENCY, GUNTUR. 3. ON APPEAL BEFORE THE CIT(A), THE CIT(A) CONFIRMED THE ORDER OF AO. 4. AGGRIEVED BY THE ORDER OF CIT(A), THE ASSESSEE IS IN APPEAL BEFORE US RAISING THE FOLLOWING GROUNDS OF APPEAL: 1) THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) OUGHT TO HAVE CONSIDERED THE FACT THAT T HE APPELLANT IS ENTITLED FOR EXEMPTION U/S 10 (23C) AND U / S 11 OF THE I.T. ACT AND THAT THE APPEALS FOR APPROVALS ARE PENDING IN APPEALS. 3) ANY OTHER GROUND OR GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING. 5. BEFORE US, THE LD. AR OF THE ASSESSEE SU BMITTED THAT THE ISSUE IN DISPUTE IS SQUARELY COVERED BY THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR AYS 2009 - 10, 2010 - 11 AND 2012 - 13 IN ITA NOS. 1505/HYD/13, ITA NO. 1158/HYD/14 AND 917/HYD/2015 VIDE A CONSOLIDATED ORD ER DATED 25/11/2016. A COPY OF THE SAID ORDER IS PLACED ON RECORD. 6. LD. DR RELIED ON THE ORDERS OF REVENUE AUTHORITIES. 7. CONSIDERED THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIAL ON RECORD. IN AYS 2009 - 10, 2010 - 11 AND 2012 - 13 (SUPRA), THE COORDINATE BENCH HAS HELD AS UNDER: 2. AS REGARDS GROUND NOS. 1, 2 & 3 IN ALL THE THREE APPEALS, ADMITTEDLY THE HYDERABAD BENCH OF ITAT HAS DISMISSED THE APPEAL OF THE ASSESSEE, AGAINST THE ORDER OF CANCELLING REGISTRATION GRANTED UNDER SECTION 12AA OF THE IT ACT VIDE ITA NO. 869/HYD/2012 DATED 30/09/2016. IN VIEW OF THIS ORDER OF THE COORDINATE BENCH THESE GROUNDS OF THE ASSESSEE ARE COVERED AGAINST THE ASSESSEE. HE NCE GROUND NOS. 1,2 AND 3 OF THE ASSESSEE IN ALL THE THREE APPEALS ARE DISMISSED. 3. IN THE RESULT, ITA NO. 1505/HYD/2013 OF THE ASSESSEE IS DISMISSED AS THIS APPEAL HAS THESE THREE GROUNDS ONLY. AS THE ISSUE UNDER CONSIDERATION IS IDENTICAL TO THAT OF AY 2009 - 10, SINCE THE COORDINATE BENCH HAS DISMISSED THE APPEALS OF THE 3 ITA NO. 625 /HYD/201 8 AP STATE SEED CERTIFICATION AGENCY, GUNTUR. ASSESSEE ON ELIGIBILITY OF REGISTRATION U/S 12AA AND 10(23C) OF THE I.T. ACT AND HONBLE A.P. HIGH COURT HAS ALSO CONFIRMED THE FINDINGS OF THE C CIT WITH REFERENCE TO REGISTRATION U/S 1 0(23C) OF THE ACT, WE ARE INCLINED TO DISMISS THE GROUNDS RAISED BY THE ASSESSEE. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 14 TH SEPTEMBER , 2018. SD/ - SD/ - ( P. MADHAVI DEVI ) (S . RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 14 TH SEPTEMBER , 2 018. KV COPY TO: - 1) AP STATE SEED CERTIFICATION AGENCY, FLAT NO. 303, ESR & ASR PLAZA, INNER RING ROAD, REDDIPALEM, GUNTUR 522 601. 2) AC IT (EXEMPTIONS) , AYAKAR BHAVAN, BASHEERBAGH, HYD. 3) CIT(A) 9 , HYDERABAD. 4) CIT (EXEMPTIONS) , HYD . 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE