LILAVATI KIRTILAL MEHTA, V. ITO (E)II (1),

MA 458/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9526 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 11-07-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: APURVA R SHAH
• Keywords: Capital asset; Charitable institution
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH, A, MUMBAI BEFORE SHRI B.R. MITTAL, JUDICIAL MEMBER AND SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER MA NO: 458/MUM/2012 ARISING OUT OF :5352/MUM/2010 ASSESSMENT YEAR : 2007-08 LILAVATI KIRTILAL MEDICAL TRUST A/791 BANDRA RECLAMATION BANDRA (W) MUMBAI-400 050. PAN NO. AAATL 1398 Q INCOME TAX OFFICER(E)-II(1) ROOM NO.509, PIRAMAL CHAMBERS, LALBAUG, PAREL MUMBAI-400 012. (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI APURVA R. SHAH RESPONDENT BY : SHRI DINESH KUMAR DATE OF HEARING : 19.10.2012 DATE OF PRONOUNCEMENT : 19.10.2012 ORDER PER RAJENDRA SINGH (AM). THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE AS SESSEE POINTING OUT SOME MISTAKES IN THE ORDER DATED 1.6.201 2 OF THE TRIBUNAL IN ITA NO.5352/MUM/2010. THE ASSESSEE IN THE MISCELLANEO US APPLICATION HAS SUBMITTED THAT THE TRIBUNAL IN THE OR DER HELD THAT FACTS WERE IDENTICAL TO THE CASE OF THE ASSESSEE IN ASSESSMENT YEAR 2006-07 AND THEREFORE THERE WAS A MISTAKE IN THE ORDER OF THE TRIBUNAL IN NOT MA NO.458/M/12 ARISING OUT OF ITA NO. 5352/M/10 A.Y:07-08 2 RESTORING THE MATTER TO THE FILE OF AO IN THE SAME MA NNER AS DONE IN ASSESSMENT YEAR 2006-07. ASSESSEE POINTED OUT SOME FACTUAL ER RORS IN THE FIGURES MENTIONED IN THE APPELLATE ORDERS. IT HAS ACCORDINGLY BEEN REQUESTED THAT THE MISTAKES IN THE ORDER MAY BE RECTIFI ED. 2. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECORDS AND CONSIDERED THE MATTER CAREFULLY. THE DISPUTE RAISED BY T HE REVENUE IN THE APPEAL WAS REGARDING ALLOWABILITY OF EXEMPTION U NDER SECTION 11 OF THE ACT WHICH HAD BEEN ALLOWED BY THE CIT(A). THE T RIBUNAL FOLLOWING THE DECISION IN ASSESSMENT YEAR 2006-07 IN CASE OF THE ASSE SSEE HELD THAT THE ASSESSEE WAS A CHARITABLE INSTITUTION ELIGIBLE FO R DEDUCTION UNDER SECTION 11 OF THE INCOME TAX ACT. THE TRIBUNAL A LSO HELD THAT THE EXPENDITURE INCURRED ON ACQUISITION OF CAPITAL ASSET ACQUI RED BY THE TRUST WAS IN FURTHERANCE OF OBJECT OF THE TRUST AND THER EFORE HAD TO BE CONSIDERED AS APPLICATION OF INCOME. THE TRIBUNAL, THERE FORE RESTORED THE MATTER TO THE FILE OF THE AO FOR PASSING A FRESH O RDER AFTER NECESSARY EXAMINATION OF FULFILLMENT OF CONDITIONS MENTI ONED IN SECTION 11. IT WAS A CONSCIOUS DECISION OF THE TRIBUNAL AND WE DO NOT SEE ANY APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL PARTIC ULARLY WHEN IN ASSESSMENT YEAR 2006-07 ALSO THE TRIBUNAL HAD RESTORED TH E MATTER TO THE FILE OF AO. SINCE THE MATTER HAS BEEN RESTORED TO AO WE DO NOT SEE THAT ANY USEFUL PURPOSE WILL BE SERVED IN CORRECTING THE VARIOUS FIGURES MENTIONED IN THE APPELLATE ORDER WHICH THE AO IN ANY CASE WILL MA NO.458/M/12 ARISING OUT OF ITA NO. 5352/M/10 A.Y:07-08 3 CONSIDER AFRESH. WE DO NOT SEE ANY MERIT IN THE MISCELLAN EOUS APPLICATION AND THE SAME IS REJECTED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE A SSESSEE STANDS REJECTED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.10.2012. SD/- SD/- (B.R. MITTAL) ( RAJENDRA SINGH ) JUDICIAL MEMBER ACCOUN TANT MEMBER MUMBAI, DATED: 19.10.2012. JV. COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.