M/s Shree Devi Education Trust, Mangalore V. Income tax officer, Mangalore

MA 76/BANG/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4638 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 19-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAMBI RAJAA PILLAI
• Assessee Lawyers: V SRINIVASAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, BANGALORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN.NO.76/BANG/2016 (IN ITA NO. 1443/ BANG/20 1 5 ) (ASSESSMENT YEAR: 20 11 - 12 ) SHREE DEVI EDUCATION T RUST, MAINA TOWERS, BALLALBAGH, MANGALORE - 575003. PAN: AABTS4707R VS. PETITIONER INCOME - TAX OFFICER, WARD 2(1),M ANGALORE. RESPONDENT PETITIONER BY : SHRI V. SRINIVASAN , ADVOCATE. RESPONDENT BY : SHRI NAMBI RAJAA PILLAI, JCIT (DR) DATE OF HEARING : 19 /0 8 /2016 DATE OF PRONOUNCEMENT : 26 /08 /2016 O R D E R PER I NTURI RAMA RAO, AM : THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE - SOCIETY SEEKING AMENDMENT OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.1143/BANG/2 015 DATED 13/05/2016 FOR THE ASSESSMENT YEAR 2011 - 12. IT IS PRAYED THAT THE FOLLOWING OBSERVATION MADE AT PARAGRAPH 5, PAGE 9 OF THE IMPUGNED ORDER REQUIRES AMENDMENT AS THE ISSUE OF ADVANCE GIVEN FOR PURCHASE OF CAPITAL ITEMS AS WELL AS APPLICABLE OF SEC OND PROVISO TO SECTION 11(2) OF THE ACT WAS NOT SUBJECT MATTER OF 263 ORDER: MP NO . 76 /BANG/201 6 PAGE 2 OF 3 AS REGARDS OTHER ISSUES, THE APPELLANT NEITHER RAISED ANY GROUND OF APPEAL NOR PLEADED DURING THE COURSE OF HEARING. THEREFORE, WE UPHOLD THE ORDER OF THE CIT(EXEMPTION) TO THE EXTENT OF SETTING ASIDE THE ASSESSMENT ORDER TO EXAMINE ISSUES ON THE ADVANCE GIVEN FOR PURCHASE OF CAPITAL ITEMS AS WELL AS APPLICABILITY OF SECOND PROVISO TO SEC.11(2) OF THE ACT. 2. AFTER HEARING BOTH THE SIDES AND PERUSING THE MATERIAL ON RECORD A ND , WE ARE OF THE CONSIDERED OPINION THAT THE I S SUE OF ADVANCE GIVEN FOR PURCHASE OF CAPITAL ITEMS IS NOT A MATTER OF 263 ORDER. THEREFORE, THIS TRIBUNAL OUGHT NOT TO HAVE MADE ANY OBSERVATION ON THIS ISSUE. HOWEVER, ON THE ISSUE OF APPLICABILITY OF SECO ND PROVISO TO SECTION 11(2) IS A MATTER OF 263 ORDER THIS TRIBUNAL HAS RIGHTLY MADE THIS OBSERVATIO N AND THEREFORE THE LAST PART OF PARAGRAPH 5 AT PAGE 9 OF THE IMPUGNED ORDER SHALL BE RECTIFIED AS UNDER: AS REGARDS OTHER ISSUE, THE APPELLANT NEITHER RAIS ED ANY GROUND OF APPEAL NOR PLEADED DURING THE COURSE OF HEARING. THEREFORE, WE UPHOLD THE ORDER OF THE CIT(EXEMPTION) TO THE EXTENT OF SETTING ASIDE THE ASSESSMENT ORDER TO EXAMINE ISSUE OF APPLICABILITY OF SECOND PROVISO TO SECTION 11(2) OF THE ACT . TH US, THE IMPUGNED ORDER STANDS MODIFIED ACCORDINGLY. 3. IN THE RESULT, THE MISC. PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 26 TH AUGUST , 2016 SD/ - SD/ - (VIJAY PAL RAO) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BANGALORE D A T E D : 26 /0 8 /2016 SRINIVASULU, SPS MP NO . 76 /BANG/201 6 PAGE 3 OF 3 COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) - BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE