M/s. Indian Institute of Engineering Technology, CHENNAI v. Asstt. Director of Income Tax, CHENNAI

ITA 208/CHNY/2014 | 2009-2010
Pronouncement Date: 10-04-2014 | Result: Allowed

Appeal Details

RSA Number 20821714 RSA 2014
Assessee PAN AAATT2768C
Bench Chennai
Appeal Number ITA 208/CHNY/2014
Duration Of Justice 2 month(s) 18 day(s)
Appellant M/s. Indian Institute of Engineering Technology, CHENNAI
Respondent Asstt. Director of Income Tax, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 10-04-2014
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 10-04-2014
Assessment Year 2009-2010
Appeal Filed On 22-01-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A B ENCH CHENNAI . ! ' # $ BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD JUDICIAL MEMBER ./I.T.A.NO. 208/MDS/2014 ( / ASSESSMENT YEAR : 2009-10) M/S. INDIAN INSTITUTE OF ENGINEERING TECHNOLOGY 363 ARCOT ROAD KODAMBAKKAM. CHENNAI-600 024. VS. ASSISTANT DIRECTOR OF INCOME TAX (EXEMPTIONS)-III CHENNAI-600 034. PAN: AAATT2768C ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. SAROJ KUMAR PARIDA ADVOCATE /RESPONDENT BY : MR. SHAJI P.JACOB ADDL. CIT / DATE OF HEARING : 24 TH MARCH 2014 ! /DATE OF PRONOUNCEMENT : 10 TH APRIL 2014 % / O R D E R PER CHALLA NAGENDRA PRASAD JM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-VII CH ENNAI DATED 30.12.2013 FOR THE ASSESSMENT YEAR 2009-10. 2. IN THIS APPEAL ASSESSEE HAS RAISED SEVERAL GROU NDS CHALLENGING THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) IN HOLDING THAT ASSESSEE IS NOT ENTITLED FOR ITA NO.208/MDS/2014 2 EXEMPTION UNDER SECTION 10(23C)(VI) OF THE ACT AND ALSO DENYING EXEMPTION UNDER SECTION 11 OF THE ACT ON TH E GROUND THAT PROVISIONS OF SECTION 13 (1)(C) 13(2) AND 13( 3) ARE VIOLATED. AT THE TIME OF HEARING COUNSEL FOR THE ASSESSEE SUBMITS THAT ASSESSING OFFICER COMPLETED THE ASSESS MENT UNDER SECTION 143(3) OF THE ACT BY ORDER DATED 28.1 2.2011 DENYING EXEMPTION UNDER SECTION 10(23C)(VI) / 11 OF THE ACT AND TREATED THE ASSESSEE AS AOP AND COMPLETED ASSESSMENT. COUNSEL SUBMITS THAT ASSESSEE FILED AN APPEAL BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) AGA INST THE ASSESSMENT ORDER DENYING EXEMPTION UNDER SECTION 10(23C)(VI) AND 11 OF THE ACT. HE SUBMITS THAT A WR IT PETITION WAS ALSO FILED BEFORE THE HONBLE HIGH COURT PRAYIN G FOR STAY OF ALL FURTHER PROCEEDINGS PURSUANT TO THE ORDER PA SSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE ACT D ATED 28.12.2011 FOR THE ASSESSMENT YEAR 2009-10. COUNSE L SUBMITS THAT THE HONBLE HIGH COURT PASSED INTERIM ORDER DATED 29.2.2012 GRANTED STAY OF FURTHER PROCEEDING S IN THIS MATTER. COUNSEL SUBMITS THAT COMMISSIONER OF INCOM E TAX (APPEALS) BY ORDER DATED 30.12.2013 DISMISSED THE A PPEAL ITA NO.208/MDS/2014 3 FILED BY THE ASSESSEE CONFIRMING THE ASSESSMENT MAD E BY ASSESSING OFFICER IN DENYING THE CLAIM OF THE ASSES SEE UNDER SECTION 10(23C)(VI) / 11 IN SPITE OF THE ORDER OF T HE HIGH COURT GRANTING INTERIM STAY OF ALL PROCEEDINGS IN THIS M ATTER. COUNSEL PLACES A COPY OF INTERIM STAY ORDER PASSED BY THE HIGH COURT ON RECORD. COUNSEL SUBMITS THAT IN VIEW OF THE ORDER OF THE HONBLE HIGH COURT PROCEEDINGS SHALL BE KEPT IN ABEYANCE TILL THE MATTER IS DISPOSED OFF FINALLY BY THE HIGH COURT. WHEN THE MATTER CAME UP FOR HEARING ON 14.3 .2014 BEFORE THIS BENCH THE DEPARTMENTAL REPRESENTATIVE WANTED TO FIND OUT THE STATUS OF THE WRIT PETITION BEFORE THE HIGH COURT. CONSIDERING THE REQUEST OF THE DEPARTMENTAL REPRESENTATIVE THE CASE IS ADJOURNED TO TO-DAY. HOW EVER THE DEPARTMENTAL REPRESENTATIVE COULD NOT MAKE ANY SUBM ISSION ON THE STATUS OF WRIT PETITION IN THE HIGH COURT. COUNSEL FOR THE ASSESSEE SUBMITS THAT INTERIM STAY IS STILL IN OPERATION AND THE MATTER IS PENDING BEFORE THE HIGH COURT FOR FI NAL ADJUDICATION. ITA NO.208/MDS/2014 4 3. HEARD BOTH SIDES. PERUSED ORDERS OF LOWER AUTHOR ITIES AND THE ORDER OF THE HONBLE HIGH COURT IN M.P.NO.1 OF 2012 IN W.P.NO.4858/2012 DATED 29.02.2012. THE ASSESSEE APPROACHED THE HIGH COURT TO GRANT STAY OF ALL FURT HER PROCEEDINGS PURSUANT TO THE ASSESSMENT ORDER PASSE D UNDER SECTION 143(3) OF THE ACT IN PAN: AAATT2768C DATED 28.12.2011 FOR THE ASSESSMENT YEAR 2009-10 PENDING DISPOSAL OF THE WRIT PETITION NO.4858/2012. THE HON BLE HIGH COURT GRANTED INTERIM STAY OBSERVING AS UNDER:- ORDER : THIS PETITION COMING ON FOR ORDERS UPON PERUSING THE PETITION AND THE AFFIDAVIT FILED IN SUPPORT THEREOF AND UPON HEARING THE ARGUMENTS OF MR. R.VIJAYARAGHAVAN ADVOCATE FOR M/S.SUBBARAYA AIYAR ADVOCATES FOR THE PETITIONER THE COURT MADE THE FOLLOWING ORDER:- THERE SHALL BE AN ORDER OF INTERIM STAY. NOTICE. 4. IN VIEW OF THE ORDER PASSED BY THE HONBLE HIGH COURT GRANTING INTERIM STAY OF ALL FURTHER PROCEEDINGS PU RSUANT TO THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTIO N 143(3) OF THE ACT DATED 28.12.2011 FOR THE ASSESSMENT YEAR 2009-10 THE COMMISSIONER OF INCOME TAX (APPEALS) SHOULD NOT HAVE ITA NO.208/MDS/2014 5 DISPOSED OFF THE APPEAL OF THE ASSESSEE UNTIL FINAL DISPOSAL OF THE WRIT PETITION BY THE HIGH COURT OR AT LEAST T ILL THE INTERIM STAY IS VACATED BY THE HIGH COURT. WE ALSO NOTICED FROM THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) T HAT THE FACT OF FILING WRIT PETITION BEFORE THE HIGH COURT AGAINST THE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) WAS TA KEN NOTE OF BY THE COMMISSIONER OF INCOME TAX (APPEALS) BUT HOWEVER HE PROCEEDED TO DECIDE THE APPEAL FOR THE R EASON THAT COMMISSIONER OF INCOME TAX (APPEALS) IS NOT MA DE RESPONDENT TO THE ABOVE WRIT PETITION THEREFORE H E TOOK UP THE CASE FOR HEARING AND DISPOSED OFF THE APPEAL. IN VIEW OF THE ORDER OF THE HONBLE HIGH COURT DATED 29.02.201 2 GRANTING INTERIM STAY OF ALL FURTHER PROCEEDINGS W E SET ASIDE THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S) AND RESTORE THE APPEAL TO THE FILE OF THE COMMISSIONER OF INCOME TAX (APPEALS) WITH A DIRECTION TO KEEP THE APPEAL P ENDING TILL THE HONBLE HIGH COURT VACATES THE ORDER OF INTERIM STAY OR THE WRIT PETITION IS FINALLY DISPOSED OFF WHICHEVER IS EARLIER. COUNSEL FOR THE ASSESSEE SHALL INFORM THE COMMISSIO NER OF INCOME TAX (APPEALS) ABOUT THE STATUS OF THE WRIT P ETITION IN ITA NO.208/MDS/2014 6 THE HIGH COURT ONCE THE HIGH COURT EITHER VACATES THE INTERIM STAY OR DISPOSES THE WRIT PETITION FINALLY. THE C OMMISSIONER OF INCOME TAX (APPEALS) SHALL DECIDE THE APPEAL ON MERITS AFTER GIVING ADEQUATE OPPORTUNITY OF BEING HEARD T O THE ASSESSEE AND TAKING INTO CONSIDERATION THE DECISIO N OF THE HONBLE HIGH COURT IN THE ABOVE WRIT PETITION. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY TH E 10 TH DAY OF APRIL 2014 AT CHENNAI. SD/- SD/- ( A.MOHAN ALANKAMONY ) ( CHALLA NAGEN DRA PRASAD ) ' . #!$ # ( %& '() * ) ACCOUNTANT MEMBER / *+ JUDICIAL MEMBER/ ( *+ %( /CHENNAI * /DATED 10 TH APRIL 2014 SOMU *- ./0/ /COPY TO: 1. APPELLANT M/S. SUBBARAYA AIYAR PADMANABHAN & RAMAMANI ADVOCATES 75A DR.RADHAKRISHNAN SALAI M YLAPORE CHENNAI-4 2. /RESPONDENT 3. 123 /CIT(A) 4. 1 /CIT 5. /4' 5 /DR 6. '67 /GF.