M/s. Adhiparasakthi Charitable Medial Educational and Cultural Trust, Kancheepuram V. ACIT, CHENNAI

MA 86/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2337 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANITHA
• Assessee Lawyers: R M NARAYANAN
• Keywords: Rectification of order; Capital receipt
• Section: 11

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI . , ! ' ! #$%,'( BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER MISCELLANEOUS PETITION NO.86/CHNY/2018 IN I.T.A.NO.2214/MDS/2016 M/S. ADHIPARASAKTHI CHARITABLE MEDICAL EDUCATIONAL AND CULTURAL TRUST, GST ROAD, CHEYYUR, MELMARUVATHUR, KANCHIPURAM DISTRICT VS THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI -34. PAN: AAATA0722H ( / APPLICANT) ( / RESPONDENT) / APPLICANT BY : SHRI R.M. NARAYANAN, CA /RESPONDENT BY : MS. ANITHA, JCIT /DATE OF HEARING : 26.10.2018 /DATE OF PRONOUNCEMENT : 26.10.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECTIFICATION OF MISTAKE APPARENT ON RECORD IN THE ORDER OF THE TRIBUNAL PASSED IN I.T.A. NO.2214/MDS/2016 & CO NO.127/MDS/2 016 DATED 31.01.2018. 2 MP NO .86 /CHNY/ 2018 2. AT THE OUTSET THE LD.AR SUBMITTED THAT THIS BEN CH OF THE TRIBUNAL HAD DISPOSED OFF THE APPEAL OF THE REVENUE IN ITA NO.2214/MDS/2016 AND CROSS OBJECTION OF THE ASSESSE E IN CO NO.127/MDS/2016 VIDE ORDER DATED 29.03.2017, AGAINS T WHICH THE REVENUE HAD FILED A MISCELLANEOUS PETITION NO.238 O F 2017 ON 18.08.2017 IN ORDER TO ADJUDICATE GROUND NO.7 WHICH WAS LEFT OUT TO BE ADJUDICATED BY THE TRIBUNAL. GROUND NO.7 OF THE REV ENUE RAISED IN THE APPEAL WHICH WAS LEFT OUT TO BE ADJUDICATED IS REPR ODUCED HEREIN BELOW FOR REFERENCE:- 7. THE LD.CIT(A) ERRED IN ALLOWING THE ASSESSEES CLAIM OF EXEMPTION U/S 11 ON THE CAPITAL RECEIPTS OF RS.2,04 ,24,749/-, WHEN IT IS NOT ELIGIBLE FOR EXEMPTION U/S 11 OF THE IT ACT, 1961. THE LD.AR FURTHER SUBMITTED THAT THE TRIBUNAL HAD D ISPOSED OFF THE MISCELLANEOUS PETITION FILED BY THE REVENUE IN MP NO.238/MDS/2017 VIDE ORDER DATED 17.10.2017, BY REC ALLING ITS EARLIER ORDER DATED 29.03.2017, IN ORDER TO ADJUDICATE THE GROUND NO.7 WHICH WAS LEFT OUT TO BE ADJUDICATED. THEREAFTER THE APP EAL CAME UP BEFORE THE TRIBUNAL AND BY OVERSIGHT VIDE ORDER DATED 31.0 1.2018 THE TRIBUNAL ONCE AGAIN RE-ADJUDICATED THE ENTIRE ISSUES IN THE APPEAL BY REMITTING BACK THE APPEAL TO THE FILE OF LD.AO FOR FRESH CONS IDERATION. IT WAS THEREFORE PLEADED THAT THE ERRONEOUS ORDER OF THE T RIBUNAL DATED 3 MP NO .86 /CHNY/ 2018 31.01.2018 MAY BE RECALLED AND GOUND NO.7 RAISED IN THE APPEAL MAY BE ADJUDICATED. 3. THE LD.DR COULD NOT CONTROVERT TO THE SUBMISSIO N OF THE LD.AR. 4. AFTER HEARING BOTH SIDES, WE FIND MERIT IN THE ARGUMENTS ADVANCED BY THE LD.AR. FROM THE FACTS IT IS EVIDENT THAT THE TRIBUNAL IN ITS ORDER DATED 31.01.2018, HAD RE-ADJUDICATED THE ENTIRE ISSUES IN THE APPEAL INSTEAD OF ADJUDICATING THE LEFT OUT GROUND NO.7 WHICH REMAINED TO BE ADJUDICATED ON THE EARLIER OCCASION. THUS THERE IS MISTAKE APPARENT IN THE ORDER OF THE TRIBUNAL DATED 31.01.2018. HENCE, WE HEREBY RECALL THE ORDER OF THE TRIBUNAL D ATED 31.01.2018 IN ORDER TO ADJUDICATE THE LEFT OUT GROUND NO.7 WHICH REMAINS TO BE ADJUDICATED. ACCORDINGLY THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR ADJUDICATION OF GROUND NO.7 RAISED BY TH E REVENUE VIZ., 7. THE LD.CIT(A) ERRED IN ALLOWING THE ASSESSEES CLAIM OF EXEMPTION U/S 11 ON THE CAPITAL RECEIPTS OF RS.2,04,24,749/-, WHEN IT IS NOT ELIGIBLE FOR EXEMPTION U/S 11 OF THE IT ACT, 1961. IN DUE COURSE AND INTIMATE BOTH THE PARTIES. 4 MP NO .86 /CHNY/ 2018 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THE 26 TH OCTOBER, 2018 AT CHENNAI. SD/- SD/- ( ! ' ! # $% ) (DUVVURU R.L REDDY) ' /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER /CHENNAI, !' /DATED 26 TH OCTOBER, 2018 RSR . ! %&' (' /COPY TO: 1. / APPLICANT 2. / RESPONDENT 3. ) ( ) /CIT(A) 4. ) /CIT 5. '*+ %%,- /DR 6. +./ /GF.