DCIT, C-2, (Exemptions), Chandigarh V. M/s Model School Society, Rohtak

ITA 841/CHANDI/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2092 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 04-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: G S PHANI KISHORE
• Keywords: Benefit of exemption
• Section: 10B

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, B, CHANDIGARH , ! . .., # $, %& BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ./ ITA NO. 841/CHD/2018 / ASSESSMENT YEAR : 2014-15 THE DCIT (EXEMPTIONS), CIRCLE-2, CHANDIGARH M/S MODEL SCHOOL SOCIETY, COMPANY BAGH, CHURCH ROAD, ROHTAK ./PAN NO: AAAJM0185C / APPELLANT /RESPONDENT ! /ASSESSEE BY : SH. G.S. PHANI KISHORE, CIT DR ' ! / REVENUE BY : SH. GAUTAM JAIN, ADVOCATE # $ % /DATE OF HEARING : 31.10. 2018 &'() % / DATE OF PRONOUNCEMENT : 13.11. 2018 %'/ ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER DATED 26.03.2018 OF THE COMMISSIONER OF INCOM E TAX (APPEALS), ROHTAK [HEREINAFTER REFERRED TO AS CIT(A)]. 2. THE REVENUE IN THIS APPEAL HAS AGITATED THE ACTI ON OF THE CIT(A) IN DELETING THE DISALLOWANCE MADE BY THE ASSESSING OFF ICER FOR NON-FILING OF FORM NO. 10B IN ELECTRONIC FORM. 3. THE LD. CIT(A) HAS DISCUSSED THIS ISSUE IN DETAI L IN THE IMPUGNED ORDER AND HAS GIVEN A CATEGORICAL OBSERVATION THAT THE ASSESSEE HAD ITA NO.841/CHD/2018 M/S MODEL SCHOOL SOCIETY, ROHTAK 2 FURNISHED FORM NO. 10B MANUALLY BEFORE THE ASSESSI NG OFFICER DURING THE ASSESSMENT PROCEEDINGS AND FURTHER THAT THE ASSESSE E COULD NOT UPLOAD THE FORM 10B ON DEPARTMENTAL WEBSITE WITHIN THE DUE TIM E. THE LD. CIT(A) AFTER RELYING UPON THE VARIOUS CASE LAWS INCLUDING THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF CASE OF CIT V S. NAGPUR HOTEL OWNERS ASSOCIATION 247 ITR 201 (SC) AND IN CIT VS . M/S SHIMLA CHANDIGARH DIOCESE SOCIETY (ITA NO. 566 OF 2008) HA S DELETED THE DISALLOWANCE OBSERVING AS UNDER:- 4.2.6 IN THE INSTANT CASE THE ASSESSES HAD FURNISHED FORM 10 BEFORE THE AO DURING THE ASSESSMENT PROCEEDINGS AND THUS THE RATIO OF DECISIONS OF THE CASES DISCUSSED ABOVE IS SQUARELY APPLICABLE IN THIS CASE. THUS, IN VIEW OF THE ABOVE DISCUSSION AND THE DECISION OF HON'BLE SUPREME COURT OF INDIA IN THE CASE OF NAGPUR HOTEL OWNERS' ASSOCIATION (SUPRA), AND HON'BLE PUNJAB & HARYANA HIGH COURT (JURISDICTIONAL HIGH COURT) IN THE CASE OF CIT VS M/S SHIMLA CHANDIGARH DIOCESE SOCIETY (ITA NO. 566 OF 200B) AND VARIOUS OTHER COURTS IT IS HELD THAT THE ASSESSES MAY BE GIVEN RELIEF AS HE WAS ABLE TO FURNISH THE FORM 10 AND 10B BEFORE COMPLETION OF ASSESSMENT PROCEEDINGS BY THE ASSESSING OFFICER AND ON MERITS NO DISCREPANCY HAS BEEN FOUND BY THE ASSESSING OFFICER TO DENY HIM THE BENEFIT OF EXEMPTION U/S 11/12 OF THE ACT. THE ASSESSING OFFICER IS DIRECTED TO ALLOW ASSESSEES CLAIM OF EXEMPTION U/S 11/12 OF THE ACT AND GIVE BENEFIT OF ACCUMULATION AS PER SECTION 11(2) OF THE ACT AND ALLOW ASSESSEES CLAIM OF CAPITAL INVESTMENT MADE 4. AFTER HEARING THE LD. REPRESENTATIVES OF THE PAR TIES, WE FIND NO REASON TO INTERFERE IN THE ORDER OF THE CIT(A). TH ERE IS NO MERIT IN THE APPEAL OF THE REVENUE AND THE SAME IS ACCORDINGLY D ISMISSED. ITA NO.841/CHD/2018 M/S MODEL SCHOOL SOCIETY, ROHTAK 3 IN THE RESULT, APPEAL FILED BY THE REVENUE IS HEREB Y DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.11.2018. SD/- SD/- DATED : 13.11.2018 .. '+ ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. # / / CIT 4. # / ( )/ THE CIT(A) 5. -01 2 , % 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7$ / GUARD FILE '+ # / BY ORDER, 8 ' / ASSISTANT REGISTRAR ( . . , # $ / B.R.R. KUMAR) %& / ACCOUNTANT MEMBER ( / SANJAY GARG ) / JUDICIAL MEMBER