Shri ChandraprabhuMaharaj Digamber Jain Mandir Trust, Pune V. Income-Tax Officer (Exemption), Ward 1(1), Pune

MA 109/PUN/2023

AI Insights

The case involves Shri Chandraprabhu Maharaj Digamber Jain Mandir Trust, which filed a Miscellaneous Application against an earlier Tribunal order concerning the assessment year 2017-18. The original dispute was about the taxation of the entire gross receipts of the trust instead of just the surplus. The Tribunal acknowledged that this specific ground was not adequately addressed in the previous order and required separate adjudication. Both parties presented their arguments, and after consideration, the Tribunal decided to recall the earlier order and remand the specific ground back to the AO for a detailed examination to determine the correct taxable amount, emphasizing that only the net profit should be taxed.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 132865 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 31-08-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 26-04-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 11; 12AA; 10B

Judgement Text

आयकर अपीलीय अधिकरण “ए” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER धिधिि आिेदन सं. / MA No.109/PUN/2023 (Arising out of ITA No.56/PUN/2022) धनिाारण िर्ा / Assessment Year : 2017-18 Shri Chandraprabhu Maharaj Digamber Jain Mandir Trust, 110A Digambar Mandir, Guruwar Peth Road, Guruwar Peth, Pune – 411002 PAN : AAGTS7246C .......अपीलार्थी / Appellant बनाम / V/s. The Income Tax Officer (Exemption), Ward – 1(1), Pune ......प्रत्यर्थी / Respondent Assessee by : Shri Sharad Shah Revenue by : Shri M.G. Jasnani सुनवाई की तारीख / Date of Hearing : 01-09-2023 घोषणा की तारीख / Date of Pronouncement : 05-09-2023 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : By this Miscellaneous Application the assessee intends to recall the order dated 11-01-2023 passed by this Tribunal in ITA No.56/PUN/2022 for assessment year 2017-18. 2 MA No. 109/PUN/2023, A.Y. 2017-18 2. At the outset, it was noticed that ground No. 4 has become part and parcel of adjudication as reflected in para 2 of order dated 11-01-2023 passed by this Tribunal in ITA No.56/PUN/2022. On hearing both the parties, we are of the opinion that ground No. 4 requires to be adjudicated separately as it was challenged taxing the entire gross receipt instead of surplus. Therefore, taking into consideration the facts and circumstances of the case and submissions of ld. AR and ld. DR and in the interest of justice, we deem it proper to recall the order dated 11-01-2023 passed by this Tribunal in ITA No.56/PUN/2022 for A.Y. 2017-18 to limited extent for adjudication of ground No. 4 forming part of Form No. 36 of ITA No. 56/PUN/2022. On an examination of facts and circumstances of the case, we note that it is a settled principle entire gross receipt is not taxable only the net profit is exigible to tax. There is no dispute with regard to, the AO as well as the CIT(A) brought to tax entire gross receipt in the absence of section 12AA of the Act registration coupled with non filing of Form 10B of the Act by denying exemption u/s. 11 of the Act, in our opinion, is not justified. Therefore, with the consent of parties, we are of opinion that ground No. 4 is required to be examined by the AO in order to give effect to taxability of surplus, thus in view of discussion made here-in-above, ground No. 4 remanded to the file of AO for its adjudication. The assessee is liberty to file evidences, if any, in support of its claim. Thus, the order dated 11-01-2023 passed by this Tribunal in ITA No.56/PUN/2022 for A.Y. 2017-18 is recalled for the limited purpose and heard ground No. 4 and remanded ground No. 4 to the file of AO for its fresh adjudication. Thus, Miscellaneous Application filed by the assessee is allowed. 3 MA No. 109/PUN/2023, A.Y. 2017-18 3. In the result, the Miscellaneous Application filed by the assessee is allowed. Order pronounced in the open court on 05 th September, 2023. Sd/- Sd/- (Inturi Rama Rao) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; दिनाांक / Dated : 05 th September, 2023. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The concerned CIT, Pune. 4. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “ए” बेंच, पुणे / DR, ITAT, “A” Bench, Pune. 5. गार्ड फ़ाइल / Guard File. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER, वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune