Jt Commissioner of Income tax(OSD)(Exemptions) Circle, Pune V. Mukund Bhavan Trust, Pune

ITA 83/PUN/2021

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0417 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 29-03-2021
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: KALIKA SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.83/PUN/2021 नधा रण वष / Assessment Year : 2016-17 Jt.CIT (OSD), (Exemptions),Circle, Pune Vs. Shri Mukund Bhavan Trust, 1105, Raviwar Peth, Pune 411 002 Maharashtra PAN : AAATS5170R Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the Revenue is directed against the order passed by the CIT(A)-10, Pune on 06-02-2020 in relation to the assessment year 2016-17. 2. There is a delay of 329 days in filing the appeal before the Tribunal. The ld. DR submitted that the delay is attributable to Covid-19 pandemic period. No serious objection was raised by the ld. AR. The delay is, therefore, condoned by virtue of Assessee by Shri V.L. Jain Revenue by Shri Kalika Singh Date of hearing 05-07-2022 Date of pronouncement 05-07-2022 ITA No.83/PUN/2021 Shri Mukund Bhavan Trust 2 judgment of the Hon’ble Supreme Court in Cognizance for Extension of Limitation, In re 438 ITR 296 (SC) read with judgment in Cognizance for Extension of Limitation, In re 432 ITR 206 (SC) dated 08-03-2021 and 421 ITR 314 and the instant appeal is admitted for disposal on merits. 3. The only issue raised in this appeal is against the non- granting of exemption u/s.11 read with section 13(1)(c) and 13(2)(b) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) to the tune of Rs.8,73,62,557/-. 4. Briefly stated, the facts of the case are that the assessee claimed exemption u/s.11 of the Act, which was denied by the AO on the ground that the assessee had given some part of its property to trustee, Shri Purushottam Lohiya, for which rent charged was less than that charged from other tenants. When the matter came up before the ld. CIT(A), he, following the decision of the Tribunal in assessee’s own case for earlier years, allowed the appeal. Aggrieved thereby, the Revenue has come up before the Tribunal. 5. Having heard the rival submissions and gone through the relevant material on record, it is observed that the issue under ITA No.83/PUN/2021 Shri Mukund Bhavan Trust 3 consideration is admittedly similar to the one decided by the Tribunal in its order for earlier years 2010-11 and 2011-12 (ITA Nos.223/PUN/2014 & ITA No.1180/PUN/2015), followed by another order for the assessment year 2013-14 (ITA No.2439/PUN/2017). In the order for the assessment years 2010- 11 and 2011-12, the Tribunal has restored the matter to the file of AO with necessary directions. The relevant discussion has been made at paras 6 onwards of the Tribunal order. Since the facts and circumstances are admittedly similar, we set-aside the impugned order and remit the matter to the file of the AO for deciding the issue afresh as per law in conformity with the directions given by the Tribunal in the aforesaid order. Needless to say, the assessee will be allowed reasonable opportunity of hearing. 6. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 05 th July, 2022. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 05 th July, 2022 सतीश ITA No.83/PUN/2021 Shri Mukund Bhavan Trust 4 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. 3. थ / The Respondent The CIT(A)-10, Pune 4. 5. The CIT (Exemption), Pune DR, ITAT, ‘A’ Bench, Pune 6. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 05-07-2022 Sr.PS 2. Draft placed before author 05-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *