DCIT, Central Circle-1, Hyderabad V. M/s MGR Educational Society, Hyderabad

MA 19/HYD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0551 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-06-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 11-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: S RAMA RAO
• Section: 11

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. NOS. 19 & 20/HYD/2013 (IN ITA NOS. 1577 & 1578/HYD/2011 ASSESSMENT YEARS: 2003-04 & 2004-05) DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, APPLICANT VS. M/S MGR EDUCATIONAL SOCIETY, RESPONDENT HYDERABAD. (PAN AAATM 8546 M) APPLICANT BY : SHRI. M.H. NAIK RESPONDENT BY : SHRI S. RAMA RAO DATE OF HEARING : 21/06/2013 DATE OF PRONOUNCEMENT : 21 /06/2013 ORDER PER CHANDRA POOJARI, A.M.: THESE MISCELLANEOUS APPLICATIONS FILED BY THE REVEN UE ARISE OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCH ES, HYDERABAD, IN APPEALS ITA NO. 1577 & 1578/HYD/2011 DATED 4 TH MAY, 2012. 2. AT THE TIME OF HEARING, THE LEARNED DR SUBMITTED THAT WHILE ADJUDICATING THE ABOVE TWO APPEALS, THE TRIBUNAL IN ADVERTENTLY DECIDED THE ISSUE ON ALLOWABILITY OF EXEMPTION U/S 11 OF THE ACT, INSTEAD OF THE ISSUE OF TAXABILITY OF CONTRIBUTIONS RECEIVED BY THE ASSESSEE, WHICH WAS BEFORE THE TRIBUNAL. HE, THEREF ORE, POINTED 2 MA NOS. 19 & 20/HYD/13 M/S MGR EDUCATIONAL SOCIETY OUT THAT THERE IS A MISTAKE APPARENT IN THE ORDER O F THE TRIBUNAL, WHICH REQUIRES RECTIFICATION/ADJUDICATION. THE LEA RNED AR FAIRLY CONCEDED THE SAME. 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE PARTIES. WE FIND THAT THE TRIBUNAL INADVERTENTLY DECIDED THE ISSUE R ELATING TO ALLOWABILITY OF EXEMPTION U/S 11 INSTEAD OF TAXABIL ITY OF CONTRIBUTIONS RECEIVED BY THE ASSESSEE, WHICH IS RE QUIRED TO BE ADJUDICATED BY THE TRIBUNAL. THEREFORE, WE RECALL T HE SAID ORDER OF THE TRIBUNAL IN RESPECT OF THESE TWO APPEALS AND FI X THE DATE OF HEARING ON 15/10/2013, WHICH IS ANNOUNCED IN THE OP EN COURT. HENCE, THE REGISTRY IS NOT REQUIRED TO ISSUE NOTICE OF HEARING TO THE PARTIES. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILE D BY THE DEPARTMENT ARE ALLOWED. PRONOUNCED IN THE OPEN COURT ON 21/06/2013 UPON CONCLUSION OF HEARING. SD/- SD/- (SAKTIJIT DEY) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 21 ST JUNE, 2013. KV COPY TO:- 1) DCIT, CENTRAL CIRCLE 1, HYDERABAD. 2) M/S MGR EDUCATIONAL SOCIETY, C/O SHRI S. RAMA RAO, ADVOCATE, 3-65-643, SHRIYAS ELEGANCE, FLAT NO. 102 , ST. NO.9, HIMAYATNAGAR, HYDERABAD. 3) THE CIT (A)-I, HYDERABAD 4) THE CIT, CENTRAL, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD.