DEPUTY COMMISSIONER OF INCOME-TAX vs. MAHARSHI KARVE STREE SHIKSHAN SANSTHA,

आदेश / ORDER PER R.S.SYAL, VP : These are two cross appeals, one by the assessee and the other by the Revenue arise out of order of CIT(A)-10, Pune passed on 15-07-2016 in relation to the assessment year 2011-12.

2 ITA Nos.1851 and 2179/PUN/2016 Maharshi Karve Stree Shikshan Samstha

grounds of appeal :

“1. Whether on the facts and in the circumstances of the case and in law, a claim for carry forward of deficit in the case of a trust can be accepted and be allowed as held in the case of Trustees of Shri Satyasai Trust decided by the Hon’ble ITAT, Mumbai Bench in 33 ITD 320, Mumbai. 2. Whether on the facts and in the circumstances of the case and in law, the Trust is entitled to claim benefit u/s.11(1)(a) of the I.T. Act, 1961 when the application of income during the year is more than the gross receipts? 3. Whether on the facts and in the circumstances of the case and in law, the CIT(A) has erred in holding that the trust would be entitled to claim excessive carry forward of deficit which results after making an allowance @15% gross receipts u/s.11(1)(a) of the Income Tax Act, 1961 and then claiming the appreciation of income to the extent of the expenses incurred on the objects of the trust.”

return declaring total income at Nil. During the course of

assessment proceedings, the assessee submitted that the assessee

trust was duly registered u/s.12A vide certificate dated 26-08-1974

and was also eligible for exemption u/s.10(23C)(vi) of the Income-

tax Act, 1961 (hereinafter also called as ‘the Act’). The Assessing

Officer rejected the assessee’s contention and determined total

income at Rs.9,89,36,490/-. The ld. CIT(A) dismissed the

assessee’s contention on registration u/s.10(23C). He, however,

allowed exemption u/s.11 of the Act. That is how, both the sides

have come up in appeal before the Tribunal.

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material available on record. It is observed that similar action was

taken by the AO for the A.Y. 2008-09. The ld. CIT(A) also took

similar view as has been taken for the instant year. When the

matter finally came up before the Tribunal, the Revenue’s appeal

was dismissed and the assessee’s appeal was also held to be

academic in view of grant of benefit u/s.11 of the Act. We have

perused the grounds of appeal incorporated in the aforesaid order

of the Tribunal for the A.Y. 2008-09 and find that they are similar

to those taken by the Revenue in the instant appeal. The ld. DR

also fairly conceded that the facts and circumstances of the instant

case are mutatis mutandis similar to those of A.Y. 2008-09.

Respectfully following the precedent, we dismiss the Revenue’s

appeal on merits and the assessee’s appeal as having become

academic in nature.

Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 25th January, 2019 सतीश

4 ITA Nos.1851 and 2179/PUN/2016 Maharshi Karve Stree Shikshan Samstha

आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: अ�ेिषत आदेश आदेश आदेश 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. The CIT(A)-10, Pune 4. The CIT-10, Pune िवभागीय �ितिनिध, आयकर अपीलीय 5. अिधकरण, पुणे “बी” / DR ‘B’, ITAT, Pune; 6. गाड� फाईल / Guard file. // True copy // आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

ITA Nos.1851 and 2179/PUN/2016 Maharshi Karve Stree Shikshan Samstha

Date 1. Draft dictated on 24-01-2019 Sr.PS 2. Draft placed before author 24-01-2019 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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