Guruji Shree Sandipani Education Foundation, Baroda v. The ACIT.,Circle-5,, Baroda

ITA 1102/AHD/2013 | 2006-2007
Pronouncement Date: 14-10-2016 | Result: Allowed

Appeal Details

RSA Number 110220514 RSA 2013
Assessee PAN AAJFM2724N
Bench Ahmedabad
Appeal Number ITA 1102/AHD/2013
Duration Of Justice 3 year(s) 5 month(s) 25 day(s)
Appellant Guruji Shree Sandipani Education Foundation, Baroda
Respondent The ACIT.,Circle-5,, Baroda
Appeal Type Income Tax Appeal
Pronouncement Date 14-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 14-10-2016
Date Of Final Hearing 15-09-2016
Next Hearing Date 15-09-2016
Assessment Year 2006-2007
Appeal Filed On 19-04-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE SHRI S. S. GODARA JUDICIAL MEMBER AND SHRI MANISH BORAD ACCOUNTANT MEMBER. ITA. NO. 1102/AHD/2013 (ASSESSMENT YEAR:2006-07) GURUJI SHREE SANDIPANI EDUCATION FOUNDATION C/O. AMERICAN SCHOOL OF BARODA AT & P.O. SAYAJIPURA AJWA-NIMETA ROAD VADODARA APPELLANT VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE 5 BARODA RESPONDENT PAN: AAJFM2724N / BY ASSESSEE : SHRI MANISH J. SHAH A.R. / BY REVENUE : SHRI PRASOON KABRA SR.D.R. /DATE OF HEARING : 15.09.2016 /DATE OF PRONOUNCEMENT : 14.10.2016 ORDER PER S. S. GODARA JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2006-07 ARISES AGAINST THE CIT(A)-V BARODAS ORDER DATED 19.03.20 13 PASSED ITA NO.1102/AHD/2013 (GURUJI SHREE SANDIPANI EDUCAT ION FOUNDATION VS. AC IT) A.Y. 2006-07 - 2 - IN CASE NO. CAB/(A)V/12/11-12 IN PROCEEDINGS U/S.2 71(1)(C) OF THE INCOME TAX ACT; IN SHORT THE ACT. WE HAVE HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEE SOLE SUBSTANTIVE GROUND PLEADS THAT THE CIT(A) HAS ERRED IN UPHOLDING ASSESSING OFFICERS A CTION IN IMPOSING SECTION 271(1)(C) PENALTY ON ACCOUNT OF DI SALLOWANCE OF DEPRECIATION OF RS.6 06 230/- MADE IN THE COURSE OF REGULAR ASSESSMENT FRAMED ON 24.11.2008. LD. COUNSEL REPRE SENTING ASSESSEE INVITES OUR ATTENTION TO THE CIT(A)S ORDE R PAGE 34 DEALING WITH THE IMPUGNED PENALTY ON DEDUCTION CLAI MED @ 30% FROM RENTAL INCOME AS FOLLOWED BY ITS DEPRECIAT ION CLAIM. LD. COUNSEL THEREAFTER PRODUCES BEFORE US HONBLE J URISDICTIONAL HIGH COURT JUDGMENT IN ASSESSEES OWN CASE IN TAX A PPEAL NO.601/2013 DECIDED ON 12.08.2016 ALLOWING ITS CASE CHALLENGING IDENTICAL PENALTY IN THE IMMEDIATE PREC EDING ASSESSMENT YEAR AS PERTAINING TO THE VERY ISSUE. L D. COUNSEL STATES THAT THERE IS NO DISPUTE ABOUT THE FACT THAT ALL AUTHORITIES UP TO THIS TRIBUNAL HAS IMPOSED THE VER Y PENALTY IN EARLIER ASSESSMENT YEAR QUA THIS ISSUE. LD. DEPART MENTAL REPRESENTATIVE DOES NOT REBUT THIS FACTUAL POSITION . 3. WE HAVE HEARD RIVAL SUBMISSIONS. IT HAS COME ON RECORD THAT HONBLE JURISDICTIONAL HIGH COURT IN ASSESSEE S TAX APPEAL ITSELF HAS DELETED IDENTICAL PENALTY ON DEPRECIATIO N CLAIM IN PRECEDING ASSESSMENT YEAR. THERE IS NO DISTINCTION ON FACTS OR LAW BEING POINTED OUT AT REVENUES BEHEST. WE ACCO RDINGLY ITA NO.1102/AHD/2013 (GURUJI SHREE SANDIPANI EDUCAT ION FOUNDATION VS. AC IT) A.Y. 2006-07 - 3 - FOLLOW HONBLE JURISDICTIONAL HIGH COURTS DECISION HEREINABOVE TO DELETE THE IMPUGNED PENALTY. 4. THIS ASSESSEES APPEAL IS ALLOWED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 14 TH DAY OF OCTOBER 2016.] SD/- SD/- (MANISH BORAD) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 14/10/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )* + --. . /0 / DR ITAT AHMEDABAD 1 + 23 4 5 / GUARD FILE. BY ORDER / . // . /0