JOINT COMMISSIONER OF INCOME TAX (OSD) CENTRAL CIRCLE-1, JALANDHAR vs. SHRI AMAR SINGH EDUCATIONAL CHARITABE TRUST, JALANDHAR
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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
Per Dr. M. L. Meena, AM:
The present appeal has been filed by the Revenue and Cross
objection by the Assessee against the order of the Ld. CIT(A)-5, Ludhiana
dt. 21/04/2021 in repect of the Assessment Year 2016-17.
At the outset, the ld. Counsel for the respondent appellant submitted
that the issue raised in the appeal of the department is a covered matter,
on parity of facts by the decision of the Coordinate ITAT Amritsar Bench,
Amritsar by ITA No. 89-90/Asr/2023 dated 11/04/2023 passed in the case
of “DCIT, Central Circle-1, Jalandhar Vs. Sh. Jatinder Singh Bedi” whereby
the Tribunal dismissed the department appeals vide para 7 and 8 as under:
“7. We heard the rival submission& perused the documents available on record. The entire addition was based on the documents which has no evidential value. The assessee primarily decided to purchase the property but later on changed the decision and has taken the property on lease. Copy of the lease deed dated 23.09.2015 is annexed in APB page nos. 13 to 29. The lease rent was paid and the TDS was deducted at source. Only 2 kanal property was purchased in later from the party by the assessee. The copy of sale deed dated 21.05.2018 is annexed in APB pages 39 to 44. The copy of the financial statement duly filed related to Baba Shrichand Educational Society
3 I.T.A. No. 47 /Asr/2021 and Co 5/Asr/2022 Assessment Year: 2016-17 which is depicted that the amount debited against lease from the M/s Amar Singh Educational Charitable Trust, represented by Mr Gurdeep Singh. Copy of the balance sheetof society, Baba Shrichand Educational Society is annexed in APB pages 51 to 52. The ld. AO had not able to correlate any such payments which are mentioned in the assessment orders. The property is still in the possession of M/s Amar Singh Educational Charitable Trust. 8. We find that there is no infirmity in the order of the ld. CIT(A), so, the ground of revenue is dismissed. In the result, the grounds of revenue 1 to 5 are dismissed. Ground 6 is general in nature. ITA 89/Asr/2020 is mutatis mutandis applicable to ITA Nos. 90/Asr/2020 and follow accordingly.”
The Ld. CIT(DR) for the appellant revenue, has agreed to the
contention of the Ld. Counsel that this is a covered matter by the
Coordinate Bench Amritsar (Supra).
Having heard the rival contention and very carefully considering the
impugned order, we found that the assessee primarily decided to sale the
property as per unsigned agreement to sale (APB, Pgs.1 to 7) but later on
changed the decision and has given the property on lease rent to Baba Sri
Chand Education Society and received rental income with TDS deduction
which is being shown in the hands of the defendant Trust. The Ld. CIT(DR)
has been in agreement with the contention of the defendant Ld. Counsel
4 I.T.A. No. 47 /Asr/2021 and Co 5/Asr/2022 Assessment Year: 2016-17 that the department appeal is not maintainable as being covered matter on
parity of facts by the Coordinated Bench (Supra). According, the
department appeal is dismissed as covered matter.
Since, the department appeal was heard and dismissed as covered
the assesse has withdrawn its Cross objection on the issue of validity of
153C of the Act. Thus, the Cross objection of the assessee is dismissed as
withdrawn.
In the result, the appeal of the department and Cross objection of the
Assessee are dismissed.
Order pronounced in the open court on 21/06/2023
Sd/- Sd/- (Anikesh Banerjee) (Dr. M. L. Meena) Judicial Member Accountant Member A.G Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT(A) (5) The DR, I.T.A.T. True Copy By Order
