Deputy Commissioner of Income-tax, (Exemption) Circle , Pune V. Sadguru Narendra Maharaj Sansthan, Ratnagiri

MA 114/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5240 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-02-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 24-02-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect; Benefit of exemption

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE – VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Miscellaneous Application Nos.91 & 114/PUN/2021 (arising out of ITA Nos.1707 & 1708/PUN/2017) Assessment Years : 2012-13 & 2013-14 DCIT (Exemption), Circle, Pune Vs. Sadguru Narendra Maharaj Sansthan, Nanij, Tal.& Dist. Ratnagiri PAN : AAATS5417R (Applicant) (Respondent) Revenue by : Shri M.G. Jasnani Assessee by : Shri R.S. Samria Date of Hearing : 04.02.2022 Date of Pronouncement : 08.02.2022 ORDER PER R.S.SYAL, VP : These two Miscellaneous applications by the Revenue relating to the assessment years 2012-13 & 2013-14 are directed against the composite order passed by the Tribunal on 29-08-2019 dismissing the revenue’s appeals on account of low tax effect. The ld. DR submitted that the tax effect in these two appeals is more than Rs.50.00 lakh and hence, the impugned order be recalled. The ld. AR, on the contrary opposed the revenue’s objection. M.A.Nos.91 & 114/PUN/2021 Sadguru Narendra Mahendra Sansthan 2 2. There is a delay of about one year in filing the Miscellaneous Applications before the Tribunal. The Revenue has filed condonation petitions giving reasons for the delay. The said reasons have been perused and found to be satisfactory. The delay is, therefore, condoned and the applications are admitted for hearing. 3. Having heard both the sides in Virtual Court and perused the material on record, it is seen that for the assessment year 2012-13, the assessee filed return declaring loss of Rs.78.14 lakh claiming exemption u/s.11 of the Act. The AO, for the reasons stated in the order, refused the registration and computed the total income at Rs.2,73,37,870/- by declining the benefit of exemption u/s 11. The ld. CIT(A) made the assessee entitled to exemption. The Revenue challenged the grant of exemption by the ld. CIT(A). Thus, it is apparent that the Revenue assailed the entire amount of exemption denied by the AO but granted by the ld. CIT(A). The ld. DR rightly submitted that the tax effect for this year is about Rs.72.00 lakh. In view of the fact that the appeal of the Revenue was dismissed on the ground of low tax effect but the tax effect is actually more than the threshold, we recall the impugned order. M.A.Nos.91 & 114/PUN/2021 Sadguru Narendra Mahendra Sansthan 3 4. Similar is the position for the other assessment year 2013-14. The tax effect for this year, on the restoration of the exemption, by the ld. CIT(A), is Rs.2.39 crore. Following the view taken hereinabove, we recall the impugned order for this year as well. 5. The impugned orders are recalled and the Registry is directed to fix the hearing of the appeals in the ‘B’ Bench on 25.04.2022, as was announced in the Virtual Court on the conclusion of the hearing. 6. In the result, the Miscellaneous Applications are allowed. Order pronounced in the Open Court on 08 th February, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pun; दनांक Dated : 08 th February, 2022. Satish M.A.Nos.91 & 114/PUN/2021 Sadguru Narendra Mahendra Sansthan 4 आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. आयकर आयु (अपील) / The CIT (Appeals)-2, Kolhapur 4. The Pr.CIT-2, Kolhapur 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “B” / DR ‘B’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 04-02-2022 Sr.PS 2. Draft placed before author 04-02-2022 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. *