Loading judgment…
Facts
The assessee filed an appeal against a CIT(A) order for Assessment Year 2009-10, arising from proceedings under section 154 of the Income Tax Act, 1961. The assessee contended that the CIT(A) was unjustified in not allowing the appeal, particularly because the ITAT had previously granted exemption under section 10(23C)(iiiab) to the same assessee for Assessment Years 2010-11, 2011-12, and 2013-14 on the same issue.
Held
The Tribunal noted its earlier division bench common order which had already held the assessee eligible for exemption under section 10(23C)(iiiab) for previous assessment years. Finding no factual or legal distinction for the current assessment year, the Tribunal concluded that the assessee was prima facie eligible for the same relief. The assessee's ground was accepted for statistical purposes, and the Assessing Officer was directed to finalize the consequential computation, while an 8-day delay in filing the appeal was condoned.
Key Issues
Eligibility for exemption under section 10(23C)(iiiab) for AY 2009-10, considering previous ITAT orders granting the same exemption to the assessee in earlier assessment years.
Sections Cited
154, 10(23C)(iiiab)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2009-10, arises against the order of CIT(A)/NFAC, Delhi dated 25.07.2023 in DIN & order No. ITBA/NFAC/S/250/2023- 24/1054587976(1), in proceedings u/s 154 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
The assessee raises the following substantive grounds in the instant appeal:
“1. In view of facts and circumstances the ld. CIT(A) was not at all justified while not allowing the appeal of Appellant/Assessee in-spite of copy of ITAT order on the same issue relating to A.Y. 2010-11, 2011-12 and 2013- 14 giving a clear finding obviously in own case of appellant/assessee placed on record. The order passed by him is an arbitrary order liable to be allowed as claimed.”
Process Cum Product Development Centre 4. It emerges during the course of hearing at the outset that this tribunal’s earlier learned division bench common order dated 04.02.2019 in assessee’s case itself in assessment years 2010-11, 2011-12 and 2013-14 has already held it eligible for claiming section 10(23C)(iiiab) exemption and therefore, in absence of any distinction on facts in law that the tribunal is of the considered view that it is prima facie eligible for the very relief in the relevant previous year as well.
This being the clinching case, the assessee’s instant sole substantive ground is accepted for statistical purpose and learned Assessing Officer is directed to finalize its consequential computation as per law in very terms.
Delay of 8 days in filing of the instant appeal stands condoned.
This assessee’s appeal is allowed in above terms. Order Pronounced in the Open Court on 26/12/2024.