THE DELHI PUBLIC SCHOOL SOCIETY,NEW DELHI vs. JCIT (E), RANGE- 2, NEW DELHI

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ITA 19/DEL/2019Status: DisposedITAT Delhi31 March 2022AY 2014-154 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the Chief Commissioner of Income Tax had approved the assessee under Section 10(23C)(vi) from AY 2008-09 onwards. Consequently, the grievance regarding Section 11(2) became otiose, and the Assessing Officer was directed to re-examine the issue in light of the CCIT's order.

What were the facts?

The assessee, Delhi Public School Society, appealed against orders rejecting its claim for additional relief under Section 11(2) of the Income-tax Act for AY 2014-15 and 2015-16. Another ground for AY 2014-15 concerned the reduction of gross sale consideration from fixed asset sales.

What were the issues?

Whether the assessee was eligible for additional relief under Section 11(2) when it had already received approval under Section 10(23C)(vi) for the relevant assessment years.

Which sections of the Income-tax Act were involved?

Section 11(2),Section 10(23C)(vi)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS. ASTHA CHANDRA

For Appellant: Shri Hiren Mehta, CA
For Respondent: Shri H.K. Chaudhary, CIT- DR
Hearing: 31.03.2022Pronounced: 31.03.2022

Heard together (2 matters)

ITA No. 19/DEL/2019
ITA No. 20/DEL/2019

Read from the judgment's own cause title. This page is filed under one of them.

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

The above two separate appeals by the assessee are preferred against two separate orders of the ld. CIT(A) - 40, Delhi dated 12.10.2018 pertaining to Assessment Years 2014-15 and 2015-16. Since common grievance is involved in both these appeals, they were heard together and are disposed of by this common order for the sake of convenience and brevity.

2.

The common grievance in both these appeals relates to the rejection of claim of the assessee for additional relief u/s 11(2) of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'], though the quantum may differ.

3.

In Assessment Year 2014-15, the other ground relates to the upholding of the action of the Assessing Officer in reducing the gross sale consideration representing sale of value of fixed assets sold during the year.

4.

At the very outset, the ld. counsel for the assessee drew our attention to the order of the Chief Commissioner of Income Tax [Exemptions], Delhi dated 18.12.2018 u/s 10(23C)(vi) and (via) of the Act and pointed out that the CCIT[E] has approved the assessee for the purpose of section 10(23C)(vi) of the Act from Assessment Year 2008-09 and onwards.

5.

Since the approval has been granted to the assessee from Assessment Year 2008-09 onwards, the present grievance of the assessee become otiose. The Assessing Officer is directed to examine the issue afresh in light of the order of the CCIT[E].

6.

In the result, both the appeals of the assessee in & 20/DEL/2019 are allowed for statistical purposes as per our above directions.

The order is pronounced in the open court on 31.03.2022.

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