Muslim Education Trust for Coastal area(METCA), Trivandrum v. Dy.Director of Incometax(Exemption), Trivandrum

ITA 206/COCH/2010 | 2004-2005
Pronouncement Date: 29-03-2012 | Result: Allowed

Appeal Details

RSA Number 20621914 RSA 2010
Assessee PAN AATIM8857D
Bench Cochin
Appeal Number ITA 206/COCH/2010
Duration Of Justice 2 year(s) 13 day(s)
Appellant Muslim Education Trust for Coastal area(METCA), Trivandrum
Respondent Dy.Director of Incometax(Exemption), Trivandrum
Appeal Type Income Tax Appeal
Pronouncement Date 29-03-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 29-03-2012
Date Of Final Hearing 20-03-2012
Next Hearing Date 20-03-2012
Assessment Year 2004-2005
Appeal Filed On 16-03-2010
Judgment Text
1 ITA NO.206/COCH/2010 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKARA N(AM) I.T.A NO.206/COCH/2010 (ASSESSMENT YEAR 2004-05) MUSLIM EDUCATION TRUST FOR COASTAL AREA VS DDIT (E XEMPTIONS) (METCA) CHAVARCODE VARKALA TRIVANDRUM TRIVANDRUM PAN : AAATIM8857D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.S. DANIEL MOBESH RESPONDENT BY : SMT. VIJAYAPRABHA DATE OF HEARING : 20-03-2012 DATE OF PRONOUNCEMENT : 29-03-2012 O R D E R PER N.R.S. GANESAN (JM) THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX (A)-I TRIVANDRUM DATED 15 -12-2009 AND PERTAINS TO ASSESSMENT YEAR 2004-05. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS FAILU RE OF THE ASSESSING OFFICER TO SET OFF THE BROUGHT FORWARD LOSSES IN THE RETURN OF INCOME. 3. SHRI S.S DANIEL MOBESH THE LD.REPRESENTATIVE F OR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS FILED THE RETURN OF INCOME ON 22-11-2004 FOR THE 2 ITA NO.206/COCH/2010 ASSESSMENT YEAR 2004-05 THE COPY OF WHICH IS AVAIL ABLE AT PAGE 13 OF THE PAPER BOOK. AS PER THIS RETURN THE ASSESSEE CLAIMED SET OFF OF BROUGHT FORWARD LOSSES TO THE EXTENT OF RS.19 58 560. THE ASSESSING OFFIC ER HAS NOT DEALT WITH THIS ASPECT. THE COMMISSIONER OF INCOME-TAX(A) HAS ALSO NOT DISCUSSED THIS ISSUE. ACCORDING TO THE LD.REPRESENTATIVE THE BROUGHT FOR WARD LOSSES TO THE EXTENT OF RS.19 58 560 HAS TO BE SET OFF WITH THE CURRENT INC OME. WE HEARD SMT. VIJAYAPRABHA THE LD.DR ALSO. 4. IT IS NOT IN DISPUTE THAT THE ASSESSEE CLAIMED S ET OFF OF RS.19 58 560 IN THE RETURN OF INCOME AS PER THE COPY AVAILABLE AT PAGE 13 OF THE PAPER BOOK. HOWEVER THE ASSESSING OFFICER HAS NOT CONSIDERED T HIS CLAIM OF THE ASSESSEE IN THE ASSESSMENT ORDER AS WELL AS IN THE APPELLATE OR DER BY THE COMMISSIONER OF INCOME-TAX(A). WHEN THE ASSESSEE CLAIMED BROUGHT FO RWARD LOSSES TO THE EXTENT OF RS.19 58 560 IT IS OBLIGATORY ON THE PART OF TH E LOWER AUTHORITIES TO CONSIDER THE SAME IN ACCORDANCE WITH LAW. IT IS ALSO NECESS ARY FOR THE ASSESSING OFFICER TO VERIFY THE RECORDS OF THE EARLIER YEAR AS TO HOW BR OUGHT LOSSES TO THE EXTENT OF RS.19 58 560 WAS QUANTIFIED BY THE ASSESSEE. SINCE THE LOWER AUTHORITIES HAVE NOT EXAMINED THIS ASPECT THIS TRIBUNAL IS OF THE O PINION THAT THE MATTER SHOULD BE EXAMINED BY THE ASSESSING OFFICER. ACCORDINGLY THE ORDERS OF THE LOWER AUTHORITIES ARE SET ASIDE AND ISSUE IS RESTORED TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER IS DIRECTED TO EXAMINE THE CL AIM OF THE ASSESSEE WITH REGARD TO THE BROUGHT FORWARD LOSSES AND SET OFF OF LOSS A S CLAIMED IN THE RETURN OF INCOME AND THEREAFTER DECIDE THE SAME IN ACCORDANCE WITH LAW AFTER GIVING REASONABLE OPPORTUNITY TO THE ASSESSEE. WE MAKE IT CLEAR THAT THIS TRIBUNAL IS NOT EXPRESSING ANY OPINION ON THE MERIT OF THE CLAIM OF THE ASSESSEE. IT I FOR THE ASSESSING OFFICER TO VERIFY THE RECORDS AND FIND OU T AS TO HOW THE CLAIM OF THE ASSESSEE WAS QUANTIFIED IN THE EARLIER ASSESSMENT Y EARS WITH REGARD TO THE 3 ITA NO.206/COCH/2010 BROUGHT FORWARD LOSSES AND THEREAFTER THE ASSESSING OFFICER SHALL DECIDE THE SAME IN ACCORDANCE WITH LAW. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF MARCH 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN DT : 29 TH MARCH 2012 PK/- COPY TO: 1. MUSLIM EDUCATION TRUST FOR COASTAL AREA (METCA) CH AVARCODE VARKALA TRIVANDRUM 2. THE DDIT (EXEMPTIONS) TRIVANDRUM 3. THE COMMISSIONER OF INCOME-TAX(A)-I TRIVANDRUM 4. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR INCOME-TAX APPELLATE TRIBUNAL COCHIN BENCH