Agricultrual Market Committee, Khammam V. ACIT, Khammam

MA 25/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1636 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 01-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T CHAITANYA KUMAR
• Keywords: Retrospective amendment
• Section: 12A; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 25/HYD/2014 IN CO NO. 17/HYD/2009 & ITA NO. 546/HYD/2009 ASSESSMENT YEAR 2003-04 M/S. AGRICULTURAL MARKET COMMITTEE, BHADRACHALAM PAN: AAALA0880A VS. THE ASST. CIT CIRCLE-1 KHAMMAM APPELLANT RESPONDENT APPELLANT BY: SRI T. CHAITANYA KUMAR RESPONDENT BY: SRI SOLGY JOSE T. KOTTARAM DATE OF HEARING: 21 .0 3 .201 4 DATE OF PRONOUNCEMENT: 21.03.2014 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION (MA) BY THE ASSESSE E SEEKS RECTIFICATION OF TRIBUNAL ORDER IN ITA NO. 546/HYD/ 2009 WHICH IS PART OF THE CONSOLIDATED ORDER IN A GROUP OF CASES DATED 14 TH MAY, 2010. 2. AT THE TIME OF HEARING THE LEARNED AR SUBMITTED THA T THE ASSESSEE IS NOT PRESSING THIS MA AS THE RELIEF WHIC H THE ASSESSEE SOUGHT WAS ALREADY ALLOWED BY THIS TRIBUNAL IN ITA NO. 326/HYD/2012 VIDE ORDER DATED 31.1.2013 FOR A.Y. 20 03-04 WHEREIN THE TRIBUNAL HELD AS FOLLOWS: '5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PE RUSED THE ORDERS OF THE ASSESSING OFFICER AND THE CIT(A). WE FIND THAT THE COMMISSIONER OF INCOME-TAX, VIJAYAWADA HAS GRANTED REGISTRATION UND ER S. 12A OF THE ACT TO THE ASSESSEE-COMMITTEE, VIDE HIS ORDER DATED 24. 9.2009, WITH MA NO. 25/HYD/2014 M/S. AMC, BHADRACHALAM ==================== 2 RETROSPECTIVE EFFECT FROM 21.9.1972. PARA 3 OF TH E SAID ORDER, WHICH IS RELEVANT FOR OUR PURPOSE, READS AS FOLLOWS: '3. THE ASSESSEE FILED AN APPEAL BEFORE THE ITAT AG AINST THE SAID ORDER AND THE HONBLE ITAT, HYDERABAD-A BENCH, HYDE RABAD VIDE ITS ORDER DT. 28.5.2009 HAS DIRECTED TO GRANT REGISTRATION U/S. 12A W.E.F. THE DATE OF CONSTITUTION OF THE ASS ESSEE IN THE RELEVANT GO MS ISSUED BY STATE OF ANDHRA PRADESH GO VERNMENT. RESPECTFULLY FOLLOWING THE ORDER OF THE HONBLE ITA T, REGISTRATION IS GRANTED W.E.F. THE DATE OF CONSTITU TION OF THE SOCIETY I.E., 21.9.1972.' SINCE THE ASSESSEE HAS BEEN GRANTED REGISTRATION WI TH RETROSPECTIVE EFFECT FROM THE DATE OF ITS CONSTITUTION, I.E., 21.9.1972 IN THE INSTANT CASE, BY THE COMMISSIONER OF INCOME-TAX, THROUGH THE ABOVE CITED ORDER, IN COMPLIANCE WITH THE ORDER OF THE TRIBUNAL, WE DO NO T FIND ANY REASON IN THE IMPUGNED ORDERS FOR DENIAL OF EXEMPTION TO THE INCOME OF THE ASSESSEE UNDER S. 11 OF THE ACT. WE ACCORDINGLY SE T ASIDE THE IMPUGNED ORDER OF THE CIT(A), AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER, WITH A DIRECTION TO REFRAME THE ASSESSMENT , DULY EXAMINING AFRESH THE CLAIM OF THE ASSESSEE FOR EXEMPTION OF I TS INCOME UNDER S. 11 OF THE ACT. HE SHALL GIVE REASONABLE OPPORTUNITY O F BEING HEARD TO THE ASSESSEE, AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW.' 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE PLEA OF THE ASSESSEE'S COU NSEL, AS THE ASSESSEE ALREADY GOT THE RELIEF ON THE ISSUE VIDE T RIBUNAL ORDER DATED 31.1.2013 IN ITA NO. 326/HYD/2012 AND THE ASS ESSEE IS NOT INTERESTED IN PROSECUTION OF THIS MA, WE ARE INCLIN ED TO DISMISS THE MA OF THE ASSESSEE AS NOT PRESSED. 4. IN THE RESULT, MA BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST MARCH, 2014. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 21 ST MARCH, 2014 TPRAO MA NO. 25/HYD/2014 M/S. AMC, BHADRACHALAM ==================== 3 COPY FORWARDED TO: 1. M/S. AGRICULTURAL MARKET COMMITTEE, BHADRACHALAM, KHAMMAM DISTRICT, AP. 2. THE ASST. CIT, CIRCLE - 1, AAYAKAR BHAVAN, BEHIND KINNERASANI THEATRE, RAJIV GUNJ, KHAMMAM 3. THE CIT(A), VIJAYAWADA. 4. THE CIT, VIJAYAWADA. 5 . THE DR ' A ' BENCH, ITAT, HYDERABAD .