M/s Yug Nirman Yojna Trust, Mathura V. I.T.O.-3(4), Mathura

ITA 69/AGR/2014

• Counselvise Citation: 6920314 RSA 2014
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-06-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 25-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: INDERJI T SINGH
• Keywords: Revised return
• Section: 11; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO. 69/AGRA/ 2014 ASSESSMENT YEAR 2008-2009 M/S. YUG NIRMAN YOJNA TRUST VS. INCOME TAX OFFICE R-3(4) GAYATRI TAPO BHUMI AAYKAR BHAWAN, JAI SINGH PURA, VRINDAVAN, MATHURA (PAN AAATY 0086 E) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI INDERJI T SINGH, CIT.D.R. DATE OF HEARING : 09.06.2014 DATE OF PRONOUNCEMENT : 10.06.2014 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-1, AGRA DATED 21.01.2013 FOR A.Y.2008-09, CHALLENGING THE ADDITION OF RS.13,64,367/. 2. THE ASSESSEE IS REGISTERED UNDER SECTION 12AA OF THE INCOME TAX ACT AND THE INCOME WAS TO BE COMPUTED AS PER PROVISION OF S ECTION 11 OF THE I.T. ACT. THE ITA NO.69/AGRA./2014 2 A.O. FOUND THAT ASSESSEE HAS KEPT THE FUND OF RS.66 ,00,000/- IN THE FINANCIAL YEAR 2001-02 FOR THE PURPOSE OF UTILIZING THIS AMOUNT AS PER THE OBJECTS OF THE TRUST IN ACCORDANCE WITH THE PROVISION OF SECTION 11(2) OF T HE ACT. THIS AMOUNT WAS REQUIRED TO BE UTILIZED IN ACCORDANCE WITH THE OBJE CTS OF THE TRUST WITHIN FIVE YEARS AS PER PROVISION OF SECOND PROVISO TO SECTION 11(2) OF THE ACT. THE A.O. FOUND THAT OUT OF THE ABOVE AMOUNT PART OF THE AMOUNT HAS TO B E UTILIZED IN DIFFERENT YEARS AND ONLY BALANCE OF RS.13,64,367/- WAS REMAINING TO BE UTILIZED TILL THE END OF THE FINANCIAL YEAR 2007-08 AND THE SAID AMOUNT WAS NOT UTILIZED AS PER PROVISION OF SECTION 11(2) OF THE ACT. ACCORDINGLY, THE ADDITION WAS MADE AGAINST THE ASSESSEE. IN THE SUBMISSION BEFORE THE LEARNED CIT(A) IT WAS SUBMITTED THAT THE MISTAKE HAS OCCURRED DUE TO EARLIER COUNSEL NOT SHOWING THE UTI LIZATION OF FUND CORRECTLY. THE LEARNED CIT(A) FOUND THAT THE ASSESSEE HAS NOT REVI SED THE RETURN AND WHATEVER DETAILS WERE FILED OF THE UTILIZATION OF THE FUND T HE A.O. PASSED THE ORDER IN CONFORMITY WITH THE SAME. ACCORDINGLY, ADDITION WAS CONFIRMED AND THE APPEAL OF THE ASSESSEE WAS DISMISSED. 3. THE ASSESSEE WAS NOTIFIED OF THE DATE OF HEARING THROUGH REGISTERED POST AND DESPITE NOTIFYING THE SAME NONE APPEARED ON BEHALF OF THE ASSESSEE TO SUBSTANTIATE THE GROUND OF APPEAL. LD. D.R. RELIED UPON THE ORDE RS OF THE AUTHORITIES BELOW. ITA NO.69/AGRA./2014 3 4. ON CONSIDERATION OF THE ABOVE FACTS, WE DO NOT F IND ANY MERIT IN THE GROUND OF APPEAL OF THE ASSESSEE. WHATEVER FIGURES WAS SHO WN TO THE A.O. HAVE BEEN TAKEN IN TO CONSIDERATION AND ADMITTEDLY THE ASSESSEE HAS NOT BROUGHT THE COMPLETE FACTS TO KNOWLEDGE OF THE A.O. AND NO REVISED RETURN HAS BEEN FILED. IN THE ABSENCE OF ANY REPRESENTATION FROM THE SIDE OF THE ASSESSEE IT IS DIFFICULT TO INTERFERE IN THE ORDERS OF THE AUTHORITIES BELOW. THE APPEAL OF THE ASSESSEE HAS NO MERIT AND IS ACCORDINGLY DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (PRAMOD KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY