Institute for Plasma Research Society,, Gandhinagar v. The DCIT,(Exemptions), Circle-1,, Ahmedabad

CO 25/AHD/2019 | 2014-2015
Pronouncement Date: 28-11-2019 | Result: Dismissed

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Appeal Details

RSA Number 2520523 RSA 2019
Assessee PAN AAAAI0348C
Bench Ahmedabad
Appeal Number CO 25/AHD/2019
Duration Of Justice 8 month(s) 6 day(s)
Appellant Institute for Plasma Research Society,, Gandhinagar
Respondent The DCIT,(Exemptions), Circle-1,, Ahmedabad
Appeal Type Cross Objection
Pronouncement Date 28-11-2019
Appeal Filed By Assessee
Tags 25
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 28-11-2019
Assessment Year 2014-2015
Appeal Filed On 22-03-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD BEFORE SHRI WASEEM AHMED ACCOUNTANT MEMBER & MS. MADHUMITA ROY JUDICIAL MEMBER I.T.A. NO.113/AHD/2018 (ASSESSMENT YEAR : 2014-15) DCIT(EXEMPTIONS) CIRCLE 1 AHMEDABAD 380 009. VS. INSTITUTE FOR PLASMA RESEARCH SOCIETY NEAR INDIRA BRIDGE BHAT GANDHINAGAR-382428 AND CO NO. 25/AHD/2019 (IN I.T.A. NO. 113/AHD/2018) (ASSESSMENT YEAR : 2014-15) INSTITUTE FOR PLASMA RESEARCH SOCIETY NEAR INDIRA BRIDGE BHAT GANDHINAGAR- 382428 VS. DCIT(EXEMPTIONS) CIRCLE 1 AHMEDABAD 380 009. [PAN NO. AAA AI0 348 C] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SMT. APARNA AGARWAL CIT D.R. RESPONDENT BY : SHRI KINJAL SHAH A.R. DATE OF HEARING 26 . 09 .2019 DATE OF PRONOUNCEMENT 28.11.2019 O R D E R PER MS. MADHUMITA ROY JUDICIAL MEMBER: THE INSTANT APPEAL FILED BY THE REVENUE AND THE CRO SS OBJECTION FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 01.11. 2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) 9 AHMEDABAD ARISING OUT OF THE ORDER DATED 10.10.2016 - 2 - ITA NO.113/AHD/2018 AND CO NO.25/AHD/ 2019 DCIT(E) VS. INSTITUTE FOR PLASMA RESEARCH SOCIETY ASST.YEAR 2014-15 PASSED BY THE ITO (EXEMPTION) WARD-2 AHMEDABAD UN DER SECTION 143(3) OF THE INCOME TAX ACT 1961 (HEREINAFTER REFERRED AS TO T HE ACT) FOR THE ASSESSMENT YEAR (A.Y.) 2014-15. SINCE BOTH THE APPEALS RELATE TO T HE SAME ASSESSEE THESE APPEALS ARE TAKEN TOGETHER AND ARE BEING DISPOSED OF BY A COMMO N ORDER. 2. THE LD. DR AT THE TIME OF THE HEARING OF THE INS TANT APPEAL RELIED UPON THE ORDER PASSED BY THE AUTHORITIES BELOW. ITA NO.113/AHD/2018 FOR A.Y. 2014-15 : 3. THE ASSESSEE TRUST AN INSTITUTE ESTABLISHMENT T O CARRY OUT EXPERIMENTAL AND THEORETICAL RESEARCH IN PLASMA SCIENCE WITH EMPHASI S ON THE PHYSICAL AND MAGNETICALLY CONFINED PLASMA AND CERTAIN ASPECT OF NON-LINEAR PH ENOMENA. THE ASSESSEE HAS FILED ITS RETURN OF INCOME FOR A.Y. 2014-15 ON 26.09.2014 DECLARING TOTAL INCOME AT NIL ALONG WITH AUDITORS REPORT UNDER SECTION 12A(B) OF THE ACT. ASSESSMENT WAS FINALIZED ON 10.10.2016 BY DISALLOWING THE CLAIM OF DEPRECIATION OF RS. 27 00 89 497/- AND ADDED BACK TO THE TOTAL INCOME OF THE ASSESSEE WHICH WAS DELETED IN APPEAL AND HENCE THE INSTANT APPEAL BEFORE US. 4. HEARD THE PARTIES PERUSED THE RELEVANT MATERIAL S AVAILABLE ON RECORD. IT APPEARS FROM THE RECORDS THAT THE ISSUE HAS ALREADY BEEN DE CIDED IN ASSESSEES OWN CASE BY THE CO-ORDINATE BENCH IN A.Y. 2006-07. THE SAME WAS AL SO TAKEN INTO CONSIDERATION BY THE LD. CIT(A). FURTHER THAT THE SAME ISSUE OF ALL OWABILITY OF DEPRECIATION OF THE TRUST HAS BEEN DECIDED BY THE JURISDICTIONAL HIGH COURT I N THE CASE OF CIT VS. SHETH MANILAL RANCHHODDAS VISHRAM BHAVAN TRUST REPORTED IN 198 IT R 598 (GUJ.) AS ALSO BY THE JUDGMENT PASSED BY THE HONBLE APEX COURT IN THE MA TTER OF ESCORTS LTD. VS. UNION OF INDIA (1993) ITR43 (SC). UPON PERUSAL OF THE ORDER PASSED BY THE LD. CIT(A) IT APPEARS THAT ALL THE JUDGMENTS MENTIONED ABOVE AS R ELIED UPON BY THE LD. ADVOCATE - 3 - ITA NO.113/AHD/2018 AND CO NO.25/AHD/ 2019 DCIT(E) VS. INSTITUTE FOR PLASMA RESEARCH SOCIETY ASST.YEAR 2014-15 APPEARING FOR THE ASSESSEE HAS BEEN TAKEN CARE OF A ND ULTIMATELY WHILE ALLOWING THE CLAIM OF THE ASSESSEE THE LD. CIT(A) OBSERVED AS FO LLOWS:- 4.3 FURTHER THE A.O HAS RELIED ON THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF ESCORTS LTD. VS. UNION OF INDIA (1993) 199 ITR 4 3 (SC) WHILE DISALLOWING THE DEPRECIATION OF CAPITAL ASSETS HELD BY CHARITABLE T RUST. THE ASPECT WAS ALSO ELABORATED BY HONBLE ITAT C BENCH AHMEDABAD IN APPEAL NO. 132 2/AHD/2011 IN THE CASE OF SARDAR PATEL INSTITUTE OF PUBLIC ADMINISTRATION FOR ASST. YEAR: 2008-09. THE HONBLE ITAT VIDE PARA-4 HAS OBSERVED AS UNDER:- BEFORE US LD. CIT-DR HAS SUPPORTED THE ASSESSMENT ORDER AND MADE SUBMISSION THAT THE VIEW OF THE ASSESSING OFFICER WAS CORRECT. ON THE CONTRARY THAT THE VIEW OF THE ASSESSEE ARGUED THA T THE JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF ESCORTS LTD. (SUPRA) IS NOT APPLICABLE IN THE PRESENT CASE. THE AR FURTHER ARGUED THAT IN THE I DENTICAL FACTS AND CIRCUMSTANCES OF HONBLE PUNJAB AND HARYANA HIGH C OURT HAS DISTINGUISHED THE JUDGMENT OF THE HONBLE SUPREME COURT IN FAVOU R OF THE ASSESSEE. WE HAVE CONSIDERED FACTS AND CIRCUMSTANCES OF THE CASE AND SUBMISSIONS MADE BY THE RESPECTIVE REPRESENTATIVES OF THE PART IES. THE ASSESSING OFFICER HAS DISALLOWED THE CLAIM FOLLOWING THE JUDGMENT PA SSED BY THE HONBLE HIGH COURT PUNJAB AND HARYANA HAS DISTINGUISHED THE JUD GMENT OF THE HONBLE SUPREME COURT IN THE CASE OF CIT VS. TINY TOTS EDU CATION SOCIETY 330 ITR 21(P&H) IN VIEW OF THE FACT THAT THE ISSUE HAS ALR EADY BEEN SETTLED BY THE HONBLE HIGH COURT OF PUNJAB & HARYANA RESPECTFUL LY FOLLOWING THE RATIO LAID THEREIN WE HAD O INFIRMITY INTO THE IMPUGNED ORDER OF THE LD. CIT(A). THEREFORE THE PRESENT APPEAL STANDS DISMISSED. WE FIND NO INFIRMITY IN THE ORDER OF THE LD. CIT(A). IN VIEW OF THE ABOVE TH E APPEAL OF THE REVENUE IS DISMISSED. 4.4 IN VIEW ABOVE FACTS AND CIRCUMSTANCES AND RESPE CTFULLY FOLLOWING THE JUDGMENT BY HONBLE GUJARAT HIGH COURT IN THE CASE OF SHETH MANILAL RANCHHODDAS VISHRAM BHAVAN TRUST 198 ITR 598 (GUJ.) MENTIONED ABOVE T HE ADDITION OF RS. 27 00 89 497/- ON ACCOUNT OF DISALLOWANCE OF DEPRECIATION IS HEREBY D ELETED. THUS THIS GROUND OF APPEAL RAISED BY THE APPELLANT IS ALLOWED. SINCE THE ISSUE HAS ALREADY BEEN DECIDED UP TO THE HIGHEST LEVEL BEING THE APEX COURT IN FAVOUR OF THE ASSESSEE AS DISCUSSED ABOVE WE DO NOT FIND ANY AMBIGUITY IN THE ORDER PASSED BY THE LD. CIT(A) SO AS TO WARRANT INTERFERENCE AND HENCE THE ORDER PASSED IN THE AFFIRMATIVE I.E. IN FAVOUR OF THE ASS ESSEE AND AGAINST THE REVENUE. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. - 4 - ITA NO.113/AHD/2018 AND CO NO.25/AHD/ 2019 DCIT(E) VS. INSTITUTE FOR PLASMA RESEARCH SOCIETY ASST.YEAR 2014-15 CO NO.25/AHD/2019 (IN ITA NO.113/AHD/2018) FOR A.Y. 2014-15 : 5. AT THE TIME OF HEARING OF THE MATTER THE LEARNE D COUNSEL FOR THE ASSESSEE SUBMITTED BEFORE US THAT HE IS NOT PRESSING THE CO. HENCE CO IS DISMISSED AS NOT PRESSED. 6. IN THE COMBINED RESULT REVENUES APPEAL IS DISM ISSED AND ASSESSEES CROSS OBJECTION IS DISMISSED AS NOT PRESSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 28/11/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 28/11/2019 TANMAY SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ) ( / THE CIT(A)- 5. '#$$ / DR ITAT AHMEDABAD 6. %& '( / GUARD FILE. / BY ORDER //TRUE COPY// / (DY./ASSTT. REGISTRAR) !'# / ITAT AHMEDABAD 1. DATE OF DICTATION 22.11.2019 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26.11.2019 3. OTHER MEMBER. 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S 28.11.2019 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28.11.2019 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER