Deputy Commissioner of Income tax, Pune V. Modern Education Society, Pune

MA 31/PUN/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2049 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 05-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VITTHAL BHOSALE
• Keywords: Question of law

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM M.A. NO.31/PUN/2020 (ARISING OUT OF ITA NO.375/PUN/2017) / ASSESSMENT YEAR : 2011-12 DCIT, (EXEMPTION) CIRCLE, PUNE. .. /APPLICANT / V/S. MODERN EDUCATION SOCIETY, 19, LATE PRINCIPAL V. K. JOAG PATH, BUND GARDEN ROAD, PUNE-411001. PAN: AAATM1656J .. / RESPONDENT REVENUE BY : SHRI VITTHAL BHOSALE ASSESSEE BY : NONE / DATE OF HEARING : 21.05.2021 / DATE OF PRONOUNCEMENT : 21.05.2021 / ORDER PER INTURI RAMA RAO, AM: THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE IN ORDER PASSED BY THIS TRIBUNAL IN ITA NO.375/PUN/2017 FOR THE ASSESSMENT YEAR 2011-12, ORDER DATED 30.01.2019. THIS PRESENT PETITION FILED BY THE REVENUE STATING THAT THE TRIBUNAL WHILE PASSING THE IMPUGNED ORDER HAD WRONGLY APPLIED THE RATIO OF THE DECISIONS IN THE CASE OF (I) CIT VS. SHRI PLOT SHWETAMBER MURTI PUJAK JAIN MANDAL, 211 ITR 293 (GUJ) AND (II) CIT VS. INSTITUTE OF BANKING PERSONNEL, 131 TAXMAN 386 (BOM). ACCORDING TO THE PETITIONER, THE ISSUE IN THOSE SAID TWO DECISIONS IS DIFFERENT FROM THE ISSUE IN THE APPEAL. THUS, ACCORDING TO PETITIONER, TRIBUNAL HAD FELL IN END IN APPLYING THE RATIO OF THE ABOVE-SAID TWO DECISIONS TO THE FACTS OF CASE IN THE APPEAL. 2. WHEN THE MATTER WAS CALLED ON, NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE DUE SERVICE OF NOTICE. 2 MA NO.31/PUN/2020 3. WE HEARD THE LD. SR. DR AND PERUSED THE IMPUGNED ORDER CAREFULLY. ON PERUSAL OF THE IMPUGNED ORDER, IT IS CLEAR THAT THE ISSUE IN THE APPEAL RELATES TO CARRY FORWARDED DEFICIT INCURRED IN THE EARLIER YEARS FOR SET-OFF IN THE SUBSEQUENT YEARS. THE IDENTICAL ISSUE WAS CONSIDERED BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. INSTITUTE OF BANKING PERSONNEL, 131 TAXMAN 386 (BOM) VIDE QUESTION OF LAW NO.3. SIMILARLY, THE HONBLE GUJARAT HIGH COURT ALSO CONSIDERED THE VERY SAME ISSUE IN THE CASE OF CIT VS. SHRI PLOT SHWETAMBER MURTI PUJAK JAIN MANDAL, 211 ITR 293 (GUJ). IN THE CIRCUMSTANCES, WE DO NOT FIND ANY MERIT IN THE CONTENTION OF THE REVENUE AND, THEREFORE, THE RATIO OF THE ABOVE-SAID TWO DECISIONS IS CLEARLY APPLICABLE TO THE ISSUE IN APPEAL. ACCORDINGLY, THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE STANDS DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 21 ST DAY OF MAY, 2021. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 21 ST MAY, 2021. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-10, PUNE. 4. THE PR. CCIT, PUNE. 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.