ITO, Bangalore V. Sri. Vidya Mandir Education Society, Bangalore

ITA 708/BANG/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5308 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-05-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 01-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SWAPNA DAS J
• Keywords: Charitable institution

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER ITA NO. 708/BANG/2016 ASSESSMENT YEAR : 2010-11 THE INCOME TAX OFFICER (EXEMPTIONS), WARD 3, BANGALORE. VS. M/S. SRI VIDYA MANDIR EDUCATION SOCIETY, #111, 11 TH CROSS, WEST PARK ROAD, MALLESWARAM, BANGALORE 560 010. PAN: AAETS 2840J APPELLANT RESPONDENT APPELLANT BY : SMT. SWAPNA DAS, JCIT(DR) RESPONDENT BY : NONE DATE OF HEARING : 09.05.2017 DATE OF PRONOUNCEMENT : 31.05.2017 O R D E R PER VIJAY PAL RAO, JUDICIAL MEMBER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 29.01.2016 OF CIT(A) FOR THE ASSESSMENT YEAR 2010-11 AND REVEN UE HAS RAISED THE FOLLOWING GROUNDS: ITA NO. 708/BANG/2016 PAGE 2 OF 11 ITA NO. 708/BANG/2016 PAGE 3 OF 11 2. THE ONLY ISSUE ARISES IN THIS APPEAL OF THE REVENUE IS ALLOWABILITY OF CARRY FORWARD OF EXCESS APPLICATION OF INCOME U/S. 11(1) TO BE ADJUSTED AGAINST THE INCOME OF THE SUBSEQUENT ASSESSMENT YEARS. 3. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE WHEN TH IS APPEAL WAS CALLED FOR HEARING. HOWEVER THE ASSESSEE HAS FAILED THE W RITTEN SUBMISSION IN SUPPORT OF ITS CLAIM AND RELIED UPON THE DECISIONS OF THIS TRIBUNAL AS WELL AS HONBLE BOMBAY HIGH COURT IN CASE OF CIT VS INST ITUTE OF BANKING PERSONNEL SELECTION (264 ITR 110). 4. WE HAVE HEARD THE LD. DR AND CONSIDERED THE WRITTEN SUBMISSIONS FILED BY THE ASSESSEE AS WELL AS THE IMPUGNED ORDERS PASS ED BY THE AUTHORITIES BELOW. THE CIT(A) HAS ALLOWED THE CLAIM OF THE ASS ESSEE IN PARA 4.9 AS UNDER. 4.9 HOWEVER, JURISDICTIONAL ITAT ORDER IN THE CASE OF ACIT VS CITY HOSPITAL CHARITABLE TRUST (2015) 42 ITR(TRIB) 583 (BANGALORE) AND DCIT VS MANIPAL ACADEMY OF HIGHER EDUCATION (2015) 44 ITR (TRIB) 18 (BANGALORE) HAS CONSIDERED THE ISSUE IN FAVOUR OF T HE ASSESSEE. HOWEVER, THE DEPARTMENT FILED APPEAL ON SIMILAR ISSUE IN KARNATAKA HIGH COURT AND IS PENDIN G. RESPECTFULLY FOLLOWING THE JURISDICTIONAL ITAT ORDE R IN THE ABOVE CASES, THIS GROUND OF APPEAL IS ALLOWED. THUS IT IS CLEAR THAT THE CIT(A) HAS ALLOWED THE CL AIM OF THE ASSESSEE BY FOLLOWING THE DECISIONS OF THIS TRIBUNAL. AT THE O UTSET WE NOTE THAT THIS ISSUE IS COVERED BY THE DECISION OF THIS TRIBUNAL I N CASE OF ACIT VS CITY ITA NO. 708/BANG/2016 PAGE 4 OF 11 HOSPITAL CHARITABLE TRUST 42 ITR (TRIB) 583(SUPRA) WHEREIN THE TRIBUNAL HAS CONSIDERED AND DECIDED THIS ISSUE IN PARA 7 TO 14 AS UNDER. ITA NO. 708/BANG/2016 PAGE 5 OF 11 ITA NO. 708/BANG/2016 PAGE 6 OF 11 ITA NO. 708/BANG/2016 PAGE 7 OF 11 ITA NO. 708/BANG/2016 PAGE 8 OF 11 ITA NO. 708/BANG/2016 PAGE 9 OF 11 ITA NO. 708/BANG/2016 PAGE 10 OF 11 5. ACCORDINGLY, FOLLOWING THE ORDER OF THE COORDINATE BENCH OF THIS TRIBUNAL WE DO NOT FIND ANY REASON TO INTERFERE WITH THE IMP UGNED ORDER OF THE CIT(A). 6. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF MAY, 2017 SD/- SD/- (A.K. GARODIA) (VIJAY PAL RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 31 ST MAY, 2017. / MS/ ITA NO. 708/BANG/2016 PAGE 11 OF 11 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.