C.I.T vs. TEJU KALAN COOP

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ITR/133/1996HC Punjab & HaryanaPHHC01034935199622 February 2007Bench: MR. JUSTICE RAJESH BINDAL,MR. JUSTICE M.M. KUMAR1 pages
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What did the High Court hold?

The High Court of Punjab & Haryana, Chandigarh, has answered the referred question of law against the Revenue and in favour of the assessee. The Court's decision is based on the reasoning provided in a separate, contemporaneously decided case, ITR Nos. 401 and 402 of 1995, between the Commissioner of Income-tax Amritsar and Gurdaspur Hardochhanni Co-op L/C Society Gurdaspur. While the specific reasoning from that case is not elaborated here, the outcome indicates that the Tribunal's confirmation of the exemption under Section 80P(2)(a)(vi) was upheld. The operative direction is to answer the question in favour of the assessee, implying the exemption stands. No issue was expressly left undecided.

What were the facts?

The Commissioner of Income-tax, Amritsar (Revenue) has filed a reference application before the High Court of Punjab & Haryana, Chandigarh, seeking adjudication of a question of law arising from an order of the Income Tax Appellate Tribunal (Tribunal). The Tribunal's order in ITA Nos. 777 & 778(ASR)/1994, for assessment years 1990-91 and 1991-92, confirmed the decision of the first appellate authority. The assessee is Teja Kala Co.Op.Labour & Construction Society, Pathankot. The Revenue is represented by Mr. Sanjiv Bansal, Advocate, while no one appeared for the assessee.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the learned first Appellate Authority granting exemption to the assessee Society under section 80P(2)(a)(vi) of the Income-tax Act, 1961? The Revenue's contention, as implied by the reference of the question, is that the Tribunal erred in confirming the exemption granted under Section 80P(2)(a)(vi). The specific arguments of the Revenue are not detailed in the provided text. The Assessee's arguments are not recorded as no one appeared on their behalf.

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(vi)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

ITR No. 133 of 1996 Date of Decision: February 22, 2007 The Commissioner of Income-tax Amritsar ...... Revenue Versus Teja Kala Co.Op.Labour & Construction society ........ Respondent Pathankot Coram: Hon'ble Mr.Justice M.M.Kumar Hon'ble Mr.Justice Rajesh Bindal

Present: Mr. Sanjiv Bansal, Advocate for the Revenue None for the assessee. M.M.KUMAR,J.

The Income Tax Appellate Tribunal,Amritsar Bench, Amritsar (for short `the Tribunal'), at the instance of revenue, has referred the following question of law for adjudication of this Court arising out of order passed by it in ITA Nos.777 & 778(ASR)/1994 for the assessment year 1990-91 and 1991-92:- “Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the learned first Appellate Authority granting exemption to the assessee Society under section 80P(2) (a)(vi) of the Income-tax Act, 1961? ”. For the reasons stated in our separate order passed today in ITR Nos. 401 and 402 of 1995, The Commissioner of Income-tax Amritsar vs. Gurdaspur Hardochhanni Co-op L/C Society Gurdaspur, the question referred is answered against the revenue and in favour of the assessee. ( M.M.Kumar ) Judge

( Rajesh Bindal )

Judge February 22, 2007 arya

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