Dy.Commissioner of Income Tax-, Faizabad v. M/s Mani Mandir Sewa Nyas Samiti, Faizabad

ITA 193/LKW/2014 | 2006-2007
Pronouncement Date: 30-04-2015 | Result: Dismissed

Appeal Details

RSA Number 19323714 RSA 2014
Assessee PAN AAATM9513A
Bench Lucknow
Appeal Number ITA 193/LKW/2014
Duration Of Justice 1 year(s) 1 month(s) 6 day(s)
Appellant Dy.Commissioner of Income Tax-, Faizabad
Respondent M/s Mani Mandir Sewa Nyas Samiti, Faizabad
Appeal Type Income Tax Appeal
Pronouncement Date 30-04-2015
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 30-04-2015
Date Of Final Hearing 25-03-2015
Next Hearing Date 25-03-2015
Assessment Year 2006-2007
Appeal Filed On 24-03-2014
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI A.K. GARODIA ACCOUNTANT MEMBER ITA NO. 193 /LKW/201 4 ASSESSMENT YEAR:200 6 - 20 0 7 D.C.I.T. CIRCLE - FAIZABAD VS. M/S MANI MANDIR SEVA NYAS SAMITI RAM GHAT AYODYHA FAIZABAD - 2 24002 PAN:A A ATM9513A (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI P. K. KAPOOR C. A. RE VENUE BY SHRI PUNIT KUMAR SR. DR DATE OF HEARING 25 /0 3 /201 5 DATE OF PRONOUNCEMENT 30 /0 4 /201 5 O R D E R PER A. K. GARODIA A.M. T HIS IS REVENUE S APPEAL DIRECTED AGAINST THE ORDER OF LEARNED CIT (A) I LUCKNOW DATED 1 5 . 12 .201 3 FOR A.Y. 200 6 20 0 7 . 2. THE ONLY GRIEVANCE OF THE REVENUE IS REGARDING DELETION OF PENALTY OF RS. 1 5 37 943 / - IMPOSED BY THE A.O. U/S 271 (1) (C). 3 . LEARNED DR OF THE REVENUE SUPPORTED THE PENALTY ORDER. LEARNED A .R. OF THE ASSESSEE SUPPORTED THE ORDER OF CIT (A). 4 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT THE DECISION OF LEARNED CIT (A) IS ON THIS BASIS THAT IN THE PRESENT YEAR THE CLAIM OF EXEMPTION HAS BEEN REJECTED ON LEGAL GROUNDS ONLY WHICH MARK A DEPARTURE FROM THE EARLIER AND SUBSEQUENT YEARS IN WHICH INCOME WAS HELD TO BE EXEMPT U/S 11 OF THE ACT AFTER 2 CONSIDERING THE CAPITAL EXPENDITURE AS FORMING PART OF UTILIZATION. LEARNED DR OF THE REVENUE COULD NOT CONTROVERT THIS FINDING OF CIT (A). I N VIEW OF THIS WE ARE OF THE CONSIDERED OPINION THAT ALTHOUGH EXEMPTION HAS BEEN DENIED IT CANNOT BE SAID THAT THERE IS CONCEALMENT JUSTIFYING PENALTY U/S 271 (1) (C). WE THEREFORE DECLINE TO INTERFERE IN THE ORDER OF CIT (A) ON THIS ISSUE. 5 . IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED . (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30 /0 4 /201 5 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R. I.T.A.T. LUCKNOW ASSTT. REGISTRAR