Sri Sharada Lok Kalyan Trust, Gulbarga V. Asst. Commissioner of Income Tax, Gulbarga

ITA 643/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7604 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 12-06-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 20-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Assessee Lawyers: SHREEHARI KUTSA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC - A BENCH : BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO. 6 4 3 /BANG/201 7 ASSESSMENT YEAR : 2007 - 08 M/S. SRI SHARADA LOK KALYAN TRUST, NO. 10-6, S.B. TEMPLE ROAD, BRAHMAPURA, KALABURAGI. PAN: AAGTS 0189Q VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE (1), KALABURAGI. APPELLANT RESPONDENT APPELLANT BY : SHRI SHREEHARI KUTSA, CA RESPONDENT BY : SMT. PADMA MEENAKSHI, JCIT (DR) DATE OF HEARING : 24 .0 8 .201 7 DATE OF PRONOUNCEMENT : 08 .09 .2017 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIRE CTED AGAINST THE ORDER OF LD. CIT(A), GULBARGA DATED 27.01.2017 FOR ASSESSMEN T YEAR 2007-08. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER. 1.THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-T AX APPEALS, PASSED UNDER SECTION 250 OF THE ACT IN SO FAR AS IT IS AGAINST THE APPELLANT IS OPPOSED TO LAW, EQUITY, WEIGHT OF EVIDENCE, PROBABILITIES AND THE FACTS AND CIRCUM STANCES IN THE APPELLANT'S CASE. 2.THE APPELLANT DENIES HIMSELF LIABLE TO BE ASSESSE D AT A TOTAL INCOME AS DETERMINED BY THE LEARNED AO AS AGA INST THE TOTAL INCOME TO WHICH THE APPELLANT IS TAXABLE UNDER THE LAW ON THE FACTS AND CIRCUMSTANCES OF THE CASE. 3.THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS NOT JUSTIFIED IN HOLDING THAT THE APPELLANT FAILED TO ADHERE TO