Lucknow Developement Authority, Lucknow V. Dy. Commissioner of Income Tax, Lucknow

MA 57/LKW/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2517 (ITAT-LUCKNOW)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-08-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 07-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K RAM
• Section: 10B; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER M.A. NO . 57/LKW/2014 [ARISING OUT OF ITA NO . 664/LKW/2011 ] ASSESSMENT YEAR : 2008 - 09 LUCKNOW DEV ELOPMENT AUTHORITY NAVEEN BHAWAN VIPIN KHAND, GOMTI NAGAR LUCKNOW V. DY. CIT RANGE I LUCKNOW PAN: AAALL0016F (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI. RAKESH GARG, ADVOCATE RESPONDENT BY: SHRI. R. K. RAM, D.R. DATE OF HEARING: 22 08 2014 DATE O F PRONOUNCEMENT: 14 10 2014 O R D E R PER SUNIL KUMAR YADAV: THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 11.4.2014 IN I.T.A. NO.664/LKW/2011 WITH THE SUBMISSION THAT WHILE CONFIRMING THE ORDER OF THE LD. CIT(A), THE TRIBUNAL HAS ISSUED A DIRECTION TO RE - EXAMINE THE CLAIM OF EXEMPTION IN THE LIGHT OF OTHER PROVISIONS OF THE ACT; WHEREAS THE LD. CIT(A) HAS DIRECTED THE ASSESSING OFFICER TO COMPUTE THE INCOME IN THE MANNER SPECIFIED IN SECTION 11 OF THE INCOME - TAX ACT, 1961 (HEREINAFTER CALLED IN SHORT THE ACT') AFTER TAKING INTO ACCOUNT THE INFORMATION GIVEN IN THE AUDIT REPORT IN FORM 10B. 2 . THE LD. COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT THERE WAS NO MATERIAL BEFORE THE TRIBUNAL ON THE BASIS OF WHICH DIRECTION WAS GIVEN TO THE ASSESSING OFFICER TO EXAMINE THE CLAIM OF EXEMPTION IN THE LIGHT OF OTHER PROVISIONS OF THE ACT. THESE DIRECTIONS OF THE TRIBUNAL MAY BE MIS INTERPRETED BY THE ASSESSING OFFICER WHILE FRAMING THE ASSESSMENT. PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : THEREFORE, IN THE INTEREST OF JUSTICE, THE DIRECTIONS ISSUED BY THE LD. CIT(A) BE ONLY REITERATED WHILE CONFIRMING THE ORDER OF THE LD. CIT(A). 3 . THE LD. D.R., ON THE OTHER HAND, HAS SUBMITTED THAT THERE IS NO IRREGULARITY IN THE DIRECTION OF THE TRIBUNAL , A S THE MATTER I S REQUIRED TO BE RE - EXAMINED BY THE ASSESSING OFFICER AFRESH IN THE LIGHT OF THE PROVISIONS OF THE ACT. 4 . HAVING GIVEN A THOUGHTFUL CONSIDERATION TO THE RIVAL SUBMISSIONS AND PERUSAL OF RECORD, WE ARE OF THE VIEW THAT THE LD. CIT(A) HAS RESTORED THE MATTER T O THE FILE ASSESSING OFFICER WITH A DIRECTION TO COMPUTE THE INCOME IN THE MANNER AS SPECIFIED IN SECTION 11 OF THE ACT AFTER TAKING INTO ACCOUNT THE INFORMATION GIVEN IN THE AUDIT REPORT IN FORM 10B, BUT WHILE CONFIRMING THE ORDER OF THE LD. CIT(A), THE T RIBUNAL HAS ISSUED A DIRECTION TO THE ASSESSING OFFICER TO RE - EXAMINE THE CLAIM OF EXEMPTION IN THE LIGHT OF OTHER PROVISIONS OF THE ACT. THE WORDS OTHER PROVISIONS OF THE ACT MIGHT BE MISINTERPRETED BY THE ASSESSING OFFICER WHILE COMPUTING THE INCOME O F THE ASSESSEE AS PER PROVISIONS OF SECTION 11 OF THE ACT. WE, THEREFORE, FOR THE SAKE OF CLARITY, MODIFY THE DIRECTION AND REPLACE THE SAME WITH THE FOLLOWING DIRECTIONS: - THE ASSESSING OFFICER IS DIRECTED TO COMPUTE THE INCOME IN THE MANNER SPECIFIED I N SECTION 11 OF THE ACT AFTER TAKING INTO ACCOUNT THE INFORMATION GIVEN IN THE AUDIT REPORT IN FORM 10B , AS DIRECTED BY THE LD. CIT(A). 5 . ACCORDINGLY THE MISCELLANEOUS APPLICATION OF THE ASSESSEE STANDS ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON T HE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14 TH OCTOBER , 2014 JJ: 2609 PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 3 - : COPY FORWARDED TO: 1 . APP LIC ANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )