The ACIT, Gandhidham Circle., GANDHIDHAM V. Gandhidham Development Authority, Adipur-Kutch

ITA 991/RJT/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 2942 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-12-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 23-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAI RAJ KUMAR
• Section: 12A; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI D.T. GARASIA (JM) I.T.A. NO. 991/RJT/2009 (ASSESSMENT YEAR 2006-07) ACIT, GANDHIDHAM CIRCLE VS GANDHIDHAM DEVELOPMENT AUTHORITY GANDHIDHAM NR. GANDHIDHAM CO-OP BANK LTD ADIPUR-KUTCH PAN : AAALG0111E (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JAI RAJ KUMAR RESPONDENT BY: WRITTEN SUBMISSIONS O R D E R A.L. GEHLOT : THIS APPEAL FILED BY THE REVENUE IS D IRECTED AGAINST THE ORDER OF THE CIT(A)-II, RAJKOT DATED 06-07-2009 FOR THE ASSESSME NT YEAR 2006-07. THE FOLLOWING ARE THE EFFECTIVE GROUNDS OF APPEAL TAKEN BY THE REVENUE: 1. THE LD.CIT(A)-II HAS ERRED IN LAW AND ON FACT O F THE CASE IN DIRECTING TO TREAT THE STATUS OF THE ASSESSEE AS T RUST INSTEAD OF STATUS TAKEN AS LOCAL AUTHORITY. 2. THE LD.CIT(A)-II HAS ERRED IN GIVING THE FINDING S THAT THE ASSESSEE IS REGISTERED AS TRUST U/S 12A OF THE IT A CT AND ENTITLED FOR EXEMPTION U/S 112 OF THE IT ACT. 2. THE ASSESSING OFFICER HAS TAKEN THE STATUS OF TH E ASSESSEE AS LOCAL AUTHORITY . THE CIT(A) DIRECTED THE ASSESSING OFF ICER TO TAKE THE ASSESSES STATUS AS TRUST FOLLOWING EARLIER ORDER FOR ASSES SMENT YEAR 2004-05. 3. ON BEHALF OF THE ASSESSEE, INSTEAD OF PERSONAL A PPEARANCE, FILED A WRITTEN SUBMISSION WHICH HAS BEEN PLACED ON RECORD. IT HAS BEEN NOTICED FROM THE WRITTEN SUBMISSION THAT THE ITAT IN ASSESSMENT YEAR 2004-05 VIDE ITA NO.60/RJT/2009 ORDER DATED 17-11-2009 HAS DECIDED T HE ISSUE IN FAVOUR OF ITA NO.991/RJT/2009 2 ASSESSEE CONFIRMING THE ORDER OF THE CIT(A). THE R ELEVANT FINDING IS REPRODUCED BELOW: 9. IN VIEW OF THE DECISION IN FAVOUR OF THE ASSESS EE, WE ENDORSE THE ASSESSEES PRESUMPTION THAT IT WAS GRANTED REGI STRATION U/S 12A OF THE ACT. CONSEQUENTLY, THE ASSESSING OFFICER IS DIRECTED TO TREAT THE ASSESSEES STATUS AS TRUST OF LOCAL AUTHORIT IES AND THE ASSESSEE SHOULD BE ALLOWED THE EXEMPTION U/ S 11 IF THE OTHER MANDATORY PARAMETERS ARE SATISFIED. 4. AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENT ATIVE AND THE WRITTEN SUBMISSION OF THE ASSESSEE WE FIND THAT ON IDENTICA L SET OF FACTS THE ISSUE HAS ALREADY BEEN DECIDED BY THE ITAT IN ASSESSEES FAVO UR FOR ASSESSMENT YEAR 2004-05 IN ASSESSEES OWN CASE. WE RESPECTFULLY FO LLOW THE ORDER OF ITAT AND IN THE LIGHT OF THAT WE CONFIRM THE ORDER OF CIT(A). 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 31-12-2010. SD/- SD/- (D.T. GARASIA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : 31 ST DECEMBER, 2010 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-II, RAJKOT 4. THE CIT-I, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT