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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY
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
The Revenue in the instant appeal has raised the following
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.”
Briefly, the facts of the case, are that the assessee filed its
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.
3 ITA Nos.1851 and 2179/PUN/2016 Maharshi Karve Stree Shikshan Samstha
We have heard both the sides and gone through the relevant
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.
In the result, both the appeals are dismissed. Order pronounced in the Open Court on 25th January, 2019.
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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