ADIT, New Delhi V. M/s. Institute of Pesticide Formulation Technology, New Delhi

ITA 653/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91485 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2015
• Appeal Filed By: Department
• Bench Allotted: SMC 1
• Next Hearing Date: 27-07-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 05-02-2014
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH MEENA
• Keywords: Tax effect
• Section: 12AA; 154; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - I , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 653 /DEL/201 4 AY: 200 8 - 09 ADIT, TRUST WARD II VS. INSTITUTE OF PESTICIDE FORMULATION TECHNOLOGY NEW DELHI SCOPE COMPLEX, CORE 6 2 ND FLOOR, LODHI ROAD NEW DELHI PAN: AAAT 10389 Q (APPELLANT) (RESPONDENT) A SSESSEEE BY : NONE DEPARTMENT BY : SH. OM PRAKASH MEENA, SR.D.R ORDER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DT. 12.11.2013 OF LD.CIT(A) - X XI , NEW DELHI FOR ASSESSMENT YEAR 200 8 - 09 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE WAS AN APPLICATION FOR ADJOURNMENT. AS THIS WAS A COVERED MATTE R AND AS THE TAX EFFECT IS BELOW RS.4 LAKHS, WE DO NOT DEEM IT FIT TO GRANT AN ADJOURNMENT. HENCE THE SAME IS REJECTED AND THE CASE HEARD EX PARTE QUA THE ASSESSEE. 3. HEARD SH. OM PRAKASH MEENA, LD. SR.D.R ON BEHALF OF THE R EVENUE. THE ISSUE WHETHER DEPR ECIATION CAN BE DISALLOWED, IN THE CASE OF A CHARITABLE INSTITUTE REGISTERED U/S 12AA OF THE INCOME TAX ACT, 1961 AND WHETHER THE INCOME IS EXEMPT U/S 11 OF THE ACT, ON THE GROUND THAT THERE WILL BE A DOUBLE DEDUCTION, IS COVERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE DECISION OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF DIT VS. VISHWA JAGRITI MISSION IN ITA NO.140/2012 (DEL). IN ANY EVENT, THE A.O. PASSED AN ORDER U/S 154 OF THE ACT, WHICH IS ALSO NOT SUSTAINABLE AS THE ISSUE IN QUES TION IS A DEBATABLE ONE. 2 4. IN THE RESULT THE APPEAL BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY ,2015 . SD/ - (J.SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 27 TH JULY , 2015 *MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR