ACIT, Rewari v. M/s. Manohar Education Society, Haryana

ITA 4170/DEL/2011 | 2008-2009
Pronouncement Date: 22-11-2011 | Result: Dismissed

Appeal Details

RSA Number 417020114 RSA 2011
Assessee PAN AAATM6003F
Bench Delhi
Appeal Number ITA 4170/DEL/2011
Duration Of Justice 2 month(s) 5 day(s)
Appellant ACIT, Rewari
Respondent M/s. Manohar Education Society, Haryana
Appeal Type Income Tax Appeal
Pronouncement Date 22-11-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 22-11-2011
Date Of Final Hearing 22-11-2011
Next Hearing Date 22-11-2011
Assessment Year 2008-2009
Appeal Filed On 16-09-2011
Judgment Text
ITA NO. 4170/DEL/2011 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E NEW DELHI BEFORE SHRI A.D. JAIN JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER I.T.A. NO. 4170/DEL/2011 A.Y. : 2008-09 ASSISTANT COMMISSIONER OF INCOME TAX REWARI CIRCLE AAYAKAR BHAVAN MODEL TOWN REWARI VS. M/S MANOHAR EDUCATION SOCIETY C/O CAMBRIDGE SCHOOL GARHI BOLNI ROAD REWARI HARYANA (PAN : AAATM 6003F) (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSEESSEE BY : DR. RAKESH GUPTA ADV. AND SH. KUNAL NAGPAL ADV. DEPARTMENT BY : SH. R.S. NEGI SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 13.7.2 011 PERTAINING TO ASSESSMENT YEAR 2008-09. 2. THE GROUNDS RAISED READ AS UNDER:- 1. ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE T HE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN AL LOWING ITA NO. 4170/DEL/2011 2 EXEMPTION U/S 10(23C)(VI) OF IT ACT 1961 AS APPEAL HAS BEEN FILED BY THE DEPARTMENT IN THE SUPREME COURT. 2. THAT THE APPELLANT CRAVES FOR THE PERMISSION TO A DD DELETE OR AMEND THE GROUND OF APPEAL BEFORE OR AT THE TIME O F HEARING OF APPEAL. 3. IN THIS CASE LD. COMMISSIONER OF INCOME TAX (APPEA LS) HAD HELD THAT LIMITED ISSUE FOR ADJUDICATION IS WHETHER THE SURPLUS GENERATED BY THE ASSESSEE IS LIABLE FOR EXEMPTION U/S 10(23C)(VI) OR NOT. HE FURTHER OBSERVED THAT SINCE THE LD. CHIEF COMMISSIONER OF IN COME TAX VIDE ORDER DATED 2.2.2001 GRANTED EXEMPTION U/S 10(23C)(V I) FOR THE ASSESSMENT YEAR 2008-09 THE ENTIRE SURPLUS IS EXEMP TED AND THEREFORE THE ADDITION MADE BY THE ASSESSING OFFIC ER IS DELETED. THE LD. COMMISSIONER OF INCOME TAX (APPEALS) CONCLUDED TH AT AS REGARDS THE OTHER ADDITION OF ` 9 55 455/- SINCE THE ENTIR E SURPLUS IS EXEMPT AND THEREFORE THE APPEAL IS ALLOWED FOR ASSESSMENT YEAR 2008-09. 4. AGAINST THIS ORDER THE REVENUE IS IN APPEAL BEFO RE US. 5. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS ON THIS ISSUE. LD. COUNSEL OF THE ASSESSEE HAS SUBMITTED A S UNDER:- THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE APPLIED FOR THE BENEFIT OF EXEMPTION U/S 10(23C)(VI) OF THE IN COME TAX ITA NO. 4170/DEL/2011 3 ACT 1961 BEFORE THE LD. CCIT PANCHKULA AND THE S AME WAS REJECTED VIDE ORDER DATED 26.3.2009. AGAINST THE SAID ORDER ASSESSEE WENT BEFORE THE HON BLE PUNJAB AND HARYANA HIGH COURT SEEKING A WRIT AND THE ORDER OF THE LD. CCIT DATED 26.3.2009 WAS QUASHED BY THE HONBLE HIGH COURT TO BE DISPOSED OF A FRESH IN ACCORDANCE WITH LAW. THEREAFTER LD. CCIT VIDE HIS ORDER DATED 2.2.2011 GRANTED THE APPROVAL U/S. 10(23C)(VI) OF THE INCOME TAX A CT 1961 WHICH WAS PRODUCED BEFORE THE LD. COMMISSIONER OF IN COME TAX (APPEALS) AT THE TIME OF APPELLATE PROCEEDINGS AND ON THE BASIS OF WHICH APPEAL WAS ALLOWED. AGAINST THE SAID ORDER OF THE HONBLE HIGH COURT THE DEPARTMENT HAS GONE BEFORE THE HONBLE SUPREME COUR T AS MAY BE PERUSED FROM THE DEPARTMENTS GROUNDS OF APPEAL . IN MY RESPECTFUL PRAYER THIS NOT A VALID GROUND FOR REJECTING THE SAID EXEMPTION U/S 10(23C)(VI) OF THE INCOME TAX ACT 1961 WHICH HAS ALREADY BEEN APPROVED BY LD. CCIT A S ON DATE. ITA NO. 4170/DEL/2011 4 THEREFORE THE APPEAL OF THE DEPARTMENT MAY KINDLY BE DIRECTED TO BE DELETED. 6. LD. DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THA T THIS APPEAL HAS BEEN FILED BY THE REVENUE TO KEEP THE MATTER AL IVE. ACCORDINGLY UPON CAREFUL CONSIDERATION WE DO NOT FIND ANY INF IRMITY IN THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS). HENCE W E UPHOLD THE SAME. 7. IN THE RESULT THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/11/2011 UPON CONCLUSION OF HEARING. SD/- SD/- [A.D. JAIN] [A.D. JAIN] [A.D. JAIN] [A.D. JAIN] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 22/11/2011 SRB COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT DELHI BENCHES