GEMS EDUCATION SOCIETY,GURGAON vs. ITO, FARIDABAD
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee repeatedly failed to represent its case during hearings, leading to an ex-parte proceeding. Consequently, the Tribunal declined to interfere with the CIT(A)'s findings.
What were the facts?
The assessee society appealed against the CIT(A)'s order sustaining disallowances on payments made for services and salary. The assessee argued that the payments were for genuine services rendered by related parties and that the CIT(A) mechanically applied Section 13(3) without considering evidence.
What were the issues?
Whether disallowances made by the AO and sustained by the CIT(A) regarding payments to related parties for services and salary were justified, considering the assessee's failure to present its case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: SH. N. K. BILLAIYA & SH. ANUBHAV SHARMA
PER N. K. BILLAIYA, AM:
This appeal by the assessee is preferred against the order of the CIT(A)-2, Gurgaon dated 16.01.2017 pertaining to A.Y.2012- 13.
The grievance of the assessee read as under :- “1. That the learned Commissioner of Income Tax (Appeals) has erred in sustaining the disallowance of Rs. 44,12,000/- failing to appreciate that Assessee / Appellant had paid the aforesaid amount to Global Education Management Systems Private Limited for rendering various services like recruitment services, drafting of curriculum, procurement services, accounting services etc., whilst learned Commissioner of Income Tax (Appeals) mechanically applied the provisions of Section 13 (3) of the Income Tax Act, 1961 and without giving due consideration of vis-a-vis documents provided by the assessee that Global Education Management Systems Private Limited had incurred significant time and resources but the learned Commissioner of Income Tax (Appeals) disregarded the same and allowed the basis of AO that payments had been made to divert the income is wholly unsustainable in law and deserves to be deleted.
1.1 That the learned Commissioner of Income Tax (Appeals) has erred in sustaining the disallowance failing to appreciate that while making the aforesaid disallowance learned AO has not considered the quantum of services availed by the assessee. There is no nexus between the assessee and the related party as the learned AO had tried establishing. The services rendered by the related party i.e. Global Education Management Systems Private Limited were of valuable nature and needed by the assessee for the smooth functioning of day to day affairs.
2. That the learned Commissioner of Income Tax (Appeals) had erred in law and on facts in sustaining a disallowance of salary paid to Mrs. Sudha Rajamohan without appreciating the fact that the amount to her was reasonable considering the services rendered by her. 2.1 That in doing so, the learned Commissioner of Income Tax (Appeals) had failed to appreciate the fact that requisite documents/evidences were fded and explanation were tendered before the learned ACIT explaining the amount paid by the assessee towards the services rendered by Mrs. Sudha Rajamohan, but the learned ACIT based his decision purely on suspicion, surmises and conjectures and as such, the disallowance so made should be deleted.
3. That the learned Commissioner of Income Tax (Appeals) had erred in law and on facts in sustaining a disallowance of Rs. 12,31,416/- paid to Mrs. Sudha Rajmohan on account of salary against the services rendered to the assessee.
3.1 That in doing so, the learned Commissioner of Income Tax (Appeals) has failed to appreciate the fact that requisite documents/evidences were filed and explanation were tendered before the learned CIT explaining that Mrs. Sudha Rajmohan was employed in the capacity of the principal of assessee. She was entrusted with key responsibilities by the assessee against which she was paid salary, but the learned CIT based his decision purely on suspicion, surmises and conjectures and as such assumed that she is related with the management xo the payments were made to the benefit of person specified under section 13(3) of the Act.
3.2 The learned CIT (Appeal) misconstrued the provisions of Section 13, which carves out an exhaustive list of persons to whom such provisions apply. However, Mrs. Sudha Rajmohan do not fall under any category mentioned in the list thus amount paid to her as salary against the services rendered cannot be treated as income of institution used or applied for the benefit of the person covered under section 13(3) of the Act.
3.3 The learned CIT (Appeal) also failed to consider that the amount of salary paid to Mrs. Sudha Rajmohan was very nominal and reasonable in comparison to the salary being paid at other schools to a person of same experience and expertise.
4. That the learned Commissioner of Income Tax (Appeals) had grossly erred in recording adverse findings which are perverse and have been recorded without considering the factual substratum of the case and hence such findings are vitjatq#'-and deserves to be deleted.”
This appeal was first listed for hearing on 05.01.2021on that date none represented the assessee and the appeal was adjourned. On 10.03.2021 the next date of hearing the Counsel for the assessee took adjournment. Same thing happened on 20.07.202 1 thereafter no one attended the proceedings or even if somebody appeared took adjournment. We are left with no choice but to proceed exparte.
Since nothing is coming from the side of the assessee we decline to interfere with the findings of the CIT(A) appeal filed by the assessee is accordingly dismissed.
Decision announced in the open court on 27.03.2023.
More judgments on Section 13(3)
- DCIT Central Circle 2, Faridabad vs Aggarwal Vidya Pracharini Sabha, FaridabadITA 58/DEL/2024[2016-17]Status: Disposed29 Sept 2026AY 2016-17
- DCIT Central Circle 2, Faridabad vs Aggarwal Vidya Pracharini Sabha, FaridabadITA 57/DEL/2024[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- DCIT, Central Circle-2, Faridabad vs Aggarwal Vidya Pracharini Sabha, FaridabadITA 49/DEL/2024[2015-16]Status: Disposed29 Sept 2026AY 2015-16
- Aggarwal Vidya Paricharni Sabha, Faridabad vs DCIT, Central Circle-II, FaridabadITA 3203/DEL/2023[2020-21]Status: Disposed29 Sept 2026AY 2020-21
- Aggarwal Vidya Paricharni Sabha, Faridabad vs DCIT Centre Circle-II, FaridabadITA 3202/DEL/2023[2019-20]Status: Disposed29 Sept 2026AY 2019-20
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