Maharishi Mahesh Yogi Vedic Vishwavidyalaya, Jabalpur V. Commissioner of Income tax-II, JABALPUR

MA 1/JAB/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0591 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 04-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: H S MODH
• Section: 12AA; 10(23C)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI NRS GANESAN, JUDICIAL MEMBER & SANJAY ARORA, ACCOUNTANT MEMBER M.A NO.01/JAB/2019 (ARISING OUT OF ITA NO. 116/JAB/ 2014 ASSESSMENT YEAR: NA MAHARISHI MAHESH YOGI VEDIC VISHWAVIDYALAYA, VILLAGE LAMTI, VIJAY NAGAR, JABALPUR, MADHYA PRADESH. (PAN : AAAJM1070C ) VS. C.I.T.-2, JABALPUR, (M.P.) (APPELLANT ) (RESPONDENT) APPELLANT BY SHRI H.S. MODH, ADV. RESPONDENT BY SHRI I.B. KHANDEL, DR WITH SMT. NEERJA PRADHAN, CIT-DR- ARGUED SITTING IN BHOPAL THROUGH VIRTUAL HEARING. DATE OF HEARING 15/02/2021 DATE OF PRONOUNCEMENT 15/02/2021 ORDER PER NRS GANESAN, JM: 1. THE ASSESSEE FILED THE MISCELLANEOUS APPLICATION ON THE GROUND THAT THERE IS ERROR IN THE ORDER OF THE TRIBUNAL DATED 0 9.11.2017. 2. SHRI H.S. MODH, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE FILED THE APPEAL BEFORE THIS TRIBUNAL CHAL LENGING THE ORDER OF THE ADMINISTRATIVE COMMISSIONER REFUSING TO GRANT REGIS TRATION UNDER SECTION 12AA OF THE ACT. THE ASSESSEE HAS ALTERNATIVELY CLA IMED THAT THE INCOME OF M.A. NO. 01 JAB 2019-MAHARISHI MAHESH YOGI VEDIC VI SHWAVIDYALAYA 2 THE ASSESSEES EDUCATIONAL INSTITUTION IS EXEMPTED UNDER SECTION 10(23BBA) OF THE ACT. HOWEVER, THIS TRIBUNAL OBSERV ED AS IF THE ASSESSEE PLEADED THAT THE INCOME IS EXEMPTED UNDER SECTION 1 0(23C) OF THE ACT INSTEAD OF 10(23BBA) OF THE ACT. THEREFORE, IT NEED S TO BE RECTIFIED. 3. WE HAVE HEARD SMT. NEERJA PRADHAN, C.I.T.-DR ALS O WHO IS SITTING IN BHOPAL. IT IS NOT IN DISPUTE THAT THE ASSESSEE I S AN EDUCATIONAL INSTITUTION SAID TO BE ESTABLISHED BY THE GOVERNMENT OF MADHYA PRADESH, THEREFORE, THE ASSESSEE PLEADED BEFORE THIS TRIBUNAL THAT THE INCOME IS EXEMPTED U/S 10(23BBA) OF THE ACT. THE TRIBUNAL WHILE RECORDING THE PLEADING OF THE ASSESSE INSTEAD OF SECTION 10(23BBA) HAS RECORDED 1 0(23C). THIS IS ONLY A TYPOGRAPHICAL ERROR. IF THIS IS RECTIFIED, THE RESU LT OF THE ORDER ALSO MAY NOT CHANGE AND REMAIN THE SAME. ACCORDINGLY, THE SAME I S RECTIFIED AS FOLLOWS:- AT PAGE NO.2, PARAGRAPH NO. 3 IN THE LAST LINE. THE FOLLOWING SHALL BE DELETED. U/S 10(23C) INSTEAD THE FOLLOWING SHALL BE INSERTED. U/S 10(23BBA). 4. THE ORDER OF THIS TRIBUNAL DATED 09.11.2017 IS R ECTIFIED ACCORDINGLY. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. M.A. NO. 01 JAB 2019-MAHARISHI MAHESH YOGI VEDIC VI SHWAVIDYALAYA 3 ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH FEBRUARY 2021. SD/- SD/- (SANJAY ARORA) (N.R.S.GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15/02/2021 SK/ P.S. //TRUE COPY//