M/s All India Women's Conference (GCB), Jamshepur V. ACIT, Jamshepur

SA 1/RAN/2014

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9572 (ITAT-RANCHI)
• Duration Of Justice: 4 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 17-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A RAKSHIT
• Assessee Lawyers: R R MITTAL
• Keywords: Recovery proceedings; Charitable institution

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL: CIRCUIT BENCH : RANCHI [BEFORE HONBLE S/SHRI N. S. SAINI, AM AND GEORGE M ATHAN, JM] S. P. NOS. 01 & 02/RAN/2014 (IN ITA NOS.304 & 305/RAN/2014: AYS: 2010-11 & 2011 -12 M/S. ALL INDIA WOMENS CONFERENCE(GCB), TELCO COLONY, JAMSHEDPUR PAN: AAATA 3977G VS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMSHEDPUR (APPLICANT ) (RESPONDENT) APPLICANT BY SHRI R. R. MITTAL, FCA RESPONDENT BY SHRI A. RAKSHIT, DR DATE OF HEARING: 30-10-2015 DATE OF PRONOUNCEMENT: 30-10-2015 O R D E R PER GEORGE MATHAN, JM: THESE ARE TWO STAY PETITIONS FILED BY THE ASSESSEE IN THE APPEALS FILED BY THE ASSESSEE BEFORE THE TRIBUNAL IN ITA NO S.304 & 305/RAN/2014, FOR THE ASSESSMENT YEARS 2010-11 AND 2011-12 RESPECTIVELY. 2. SHRI R. R. MITTAL, FCA REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI A. RAKSHIT, LEARNED DR REPRESENTED ON BEHALF O F THE REVENUE. 3. IT WAS SUBMITTED BY THE LEARNED AR THAT THE ASSE SSEE IS A CHARITABLE TRUST WHICH IS LOOKING AFTER THE REHABIL ITATION AND PROVIDING BASIC LIVELIHOOD TO POOR WIDOWS DESTITUTE, EDUCATIO N TO POOR CHILDREN AND PROVIDING EMPLOYMENT TO DESTITUTE WOMEN ETC. IT WAS A SUBMISSION THAT THE AO HAD IN COURSE OF ASSESSMENT HELD THAT IN VIEW SP NOS.01 & 02/RAN/2014 (IN ITA NOS.304 & 305/R/2014 FOR AY2010-11 & 2011-12) 2 OF THE PROVISIONS OF SECTION 2 (15) OF THE ACT, THE SALE OF PRODUCTS AND LABOUR SUPPLY COMES UNDER THE NATURE OF TRADE, COMM ERCE AND BUSINESS AND CONSEQUENTLY BROUGHT TO TAX, THE GROSS RECEIPTS FROM SALE OF PRODUCTS AND SERVICES AND OTHER INCOME LESS THE EXPENDITURE ON THE SAME. IT WAS A SUBMISSION THAT ON APPEAL, THE LEARN ED CIT(A) HAD GRANTED PARTIAL RELIEF TO THE ASSESSEE AND THE ASSE SSEE HAS NOW BEEN LEFT WITH A TAX DEMAND OF RS.26,55,000/- FOR THE AS SESSMENT YEAR 2010-11 AND RS.38,26,000/- FOR THE ASSESSMENT YEAR 2011-12. IT WAS A SUBMISSION THAT OUT OF THE TOTAL DEMAND OF ABOUT RS.64,00,000/- THE ASSESSEE HAD PAID ABOUT RS.30,00,000/-. IT WAS A SU BMISSION THAT THE ASSESSEE MAY BE GRANTED STAY OF RECOVERY OF TAX AND EARLY HEARING OF THE APPEALS OF THE ASSESSEE. 4. IN REPLY THE LEARNED DR SUBMITTED THAT THE ASSES SEE HAS NOT SHOWN ANY FINANCIAL CRUNCH AND CONSEQUENTLY THE STA Y SHOULD NOT BE GRANTED. IT WAS HOWEVER, SUBMITTED THAT THE ASSESSE E MAY BE GRANTED EARLY HEARING OF THEIR APPEALS. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS THE ASSESSEE HAS NOT BEEN ABLE TO PROVIDE ANY PROOF OF FINANCIAL HAR DSHIP NOR HAS THE ASSESSEE PRODUCED ANY BALANCE SHEET, PROFIT & LOSS ACCOUNT OR INCOME EXPENDITURE ACCOUNT TO PROVE FINANCIAL HARDSHIP, TH E STAY PETITIONS FILED BY THE ASSESSEE STAND DISMISSED. HOWEVER, ASSESSEE S PRAYER FOR EARLY HEARING OF THE APPEALS IS CONCEDED. THE REGISTRY IS DIRECTED TO POST THE ASSESSEES APPEALS FOR BOTH THE ASSESSMENT YEARS BE FORE THE NEXT BENCH. SP NOS.01 & 02/RAN/2014 (IN ITA NOS.304 & 305/R/2014 FOR AY2010-11 & 2011-12) 3 6. IN THE RESULT THE STAY PETITIONS FILED BY THE AS SESSEE STAND DISMISSED. THE ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE CLOSE OF HEARING ON 30-10-2015. SD/- SD/- ( N .S. SAINI ) ACCOUNTANT MEMBER (GEORGE MATHAN ) JUDICIAL MEMBER DATE : 30.10.15 LK DEKA/SR.PS COPY OF THE ORDER FORWARDED TO: 1. TH E APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SP NOS.01 & 02/RAN/2014 (IN ITA NOS.304 & 305/R/2014 FOR AY2010-11 & 2011-12) 4 DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 30.10.2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 30.10.2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 30.10.2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 30.10.2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 30.10.2015 SR.PS 6. DATE OF PRONOUNCEMENT 30.10.2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 30.10.2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER