SHRI AMAR NATH JAIN MEMORIAL CHARITABLE TRUST, LUDHIANA V. INCOME TAX OFFICER ( EXEMPTION ) , JALANDHAR

MA 7/ASR/2023

AI Insights

The case involves the Sh. Amar Nath Jain Memorial Charitable Trust, which filed a miscellaneous application against an earlier ITAT decision concerning the assessment year 2015-16. The Trust contested the ITAT's decision which had been made in their absence, regarding the assessment of Rs.2,22,154 as income from other sources, specifically interest received from a bank. The Tribunal, after considering the facts and the small quantum of disputed income, decided the appeal on its merits based on the arguments presented by the Additional CIT-DR and the materials on record, without finding any prima facie mistake in the original order.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 114450 (ITAT-AMRITSAR)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-04-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-04-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 18-01-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Charitable institution

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR (VIRTUAL COURT) BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER M. A. No. 7/Asr/2023 (Arising out of ITA No. 441/Asr/2019) Assessment Year: 2015-16 Sh. Amar Nath Jain Memorial Charitable Trust, B-XXIV-4632, Jain Mandir Road, Sunder Nagar, Ludhiana (PB) [PAN: AADTS 4396N] Vs. Income Tax Officer (Exemption), Jalandhar (Appellant) (Respondent) Appellant by : Sh. K. R. Jain, Adv. Respondent by: Sh. Rajiv Wadhera, Sr. DR Date of Hearing: 10.04.2023 Date of Pronouncement: 12.04.2023 ORDER Per Dr. M. L. Meena, AM: The miscellaneous application was filed by the assessee against the order of the ITAT dated 21.10.2022 in ITA No. 441/Asr/2019. MA No. 7/Asr/2023 Amar Nath M. C. Trust v. ITO 2 2. The counsel for the assessee stated that the Tribunal has disposed off the appeal on merits without hearing. The appellant however has failed to rebut the reason for the non appearance of the appellant on the date of hearing i.e. 13.10.2022. Without prejudice to the above, it is clarified that the matter has been decided on merits by the Tribunal, on the issue assessment of disputed income of Rs.2,22,154/- under the Head Income from other sources being interest received from the bank. 3. Considering the peculiar facts of the case related to small quantum of disputed income and specific issue, the appeal has been decided by the Tribunal on merits after hearing the Addl. CIT-DR at length, perusal of the impugned order and material facts on record by a speaking order. As such, there was no apparent or prima facie mistake in the Tribunal order in dismissing the appeal of the assessee on the issue of applicability of section 154, being rejected by the CIT(A). 4. In the above view, we hold that the miscellaneous application of the assessee is being devoid of merits and hence, it rejected. Order pronounced in the open court on 12.04.2023 Sd/- Sd/- (Anikesh Banerjee) (Dr. M. L. Meena) Judicial Member Accountant Member *GP/Sr. PS* MA No. 7/Asr/2023 Amar Nath M. C. Trust v. ITO 3 Copy of the order forwarded to: (1) The Appellant: (2) The Respondent: (3) The CIT(A), (4) The CIT concerned (5) The Sr. DR, I.T.A.T (6) The Guard File True Copy By Order