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Joint Commissioner of Income Tax Versus M/s NITYA EDUCATIONAL SOCIETY

2015 (6) TMI 891 - ITAT DELHI

Penalty u/s 271(1)(c) - CIT(A) deleted the addition - Whether an in situation can be treated as an educational institution and benefit of section 1O(23C)(iiiad) of the Act be allowed thereto without affiliation to CBSE or any other Board? - Held that:- CIT(A) has considered the assessee's submission and perused the order of ITAT, Delhi granted the benefit of Section 10(23C)(iiiad) of the Income Tax Act to the assessee and after considering the entire facts and circumstances of the case he was ag .....

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hri P. Dam Kanunjna, Sr. DR For the Respondent : None ORDER PER H.S. SIDHU : JM The Revenue has filed these Appeals against the separate impugned Orders both dated 13.8.2013 passed by the Ld. Commissioner of Income Tax (Appeals), Noida. Since the issue involved in both the appeals are common, hence, we are disposing of the appeals by this consolidated order for the sake of brevity, by dealing with the ITA No. 6049/Del/2013 (A.Y. 2003-04). 2. The grounds raised in ITA No. 6048/Del/2013 (A.Y. 2002 .....

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t the revenue filed appeal against the order of the Hon ble ITAT wherein following question of in brief emerges against the quantum appeal relief, namely:- a) Whether an in situation can be treated as an educational institution and benefit of section 1O(23C)(iiiad) of the Act be allowed thereto without affiliation to CBSE or any other Board. b) Whether the Hon ble ITAT is correct in allowing benefit of section IO(23C)(iiiad) to the assessee when it did not have any affiliation to the CBSE or any .....

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tion to CBSE or any other Educational Board, having no educational infrastructure, and was also not conducting any regular classes as in Doon Foundation. 3. That the appellant craves to leave, add, alter and amend any of the grounds of appeal on or before hearing. 4. The order of the Ld. CIT(A) deserves to be set aside and the order of the AO be restored. 3. The grounds raised in ITA No. 6049/Del/2013 (A.Y. 2003-04) read as under:- 1. That the learned CIT(A) has erred in law in deleting the pena .....

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estion of in brief emerges against the quantum appeal relief, namely:- a) Whether an in situation can be treated as an educational institution and benefit of section 1O(23C)(iiiad) of the Act be allowed thereto without affiliation to CBSE or any other Board. b) Whether the Hon ble ITAT is correct in allowing benefit of section IO(23C)(iiiad) to the assessee when it did not have any affiliation to the CBSE or any other, Board during the year and did not impart any educational activity during the .....

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was also not conducting any regular classes as in Doon Foundation. 3. That the appellant craves to leave, add, alter and amend any of the grounds of appeal on or before hearing. 4. The order of the Ld. CIT(A) deserves to be set aside and the order of the AO be restored. 4. The brief facts of the case are the return for assessment year 2003-04 was filed on 24.9.2003 declaring income at Rupees NIL. On perusal of the Balance Sheet it was noticed that the assessee Society during the year has receiv .....

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been received by the assessee in cash and evidence in this regard could not be furnished by the assessee society. As the. income of ₹ 8,85,600/- had escaped assessment during. the A.Y. 2003-2004, proceeding u/s 147 were initiated and assessment was completed on an income ₹ 8,85,600/- in the status of AOP U/S 143(3)/147 of the Income Tax Act,1961 and exemption U/S 1O(23C) (iiiad) was not allowed. Assessing Officer noted that in this case evidences of escapement of income of ₹ 8, .....

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inaccurate particulars of income thereby concealed true particulars of such income and penalty u/s. 271(1)(c) is levaible in this case and imposed a penalty of ₹ 2,51,664/- on the assessee vide his order dated 1.3.2002. 4.1 Aggrieved with the penalty order, assessee appealed before the Ld. CIT(A), who vide impugned order dated 13.8.2013 deleted the penalty in dispute by allowing the appeals filed by the assessee. 5. Now aggrieved with the impugned order, Revenue filed the present Appeal be .....

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rds. 7. At the time of hearing, Ld. DR relied upon the order of the AO and reiterated the contention raised by the Revenue in the grounds of appeal as well as the citations cited by the AO in the assessment order and the penalty order. 8. The assessee is a Society registered with Registrar of Society with the object of setting up of an educational institution. In this case, the assessee filed return of income for Assessment Year 2003- 04 on 24/9/2003 declaring NIL income. Subsequently, the asses .....

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ct., the A.O. held that the assessee was guilty of furnishing inaccurate particulars of such income and imposed penalty of ₹ 2,51,664/- u/s. 271(1)(c) of the I.T. Act. Aggrieved with above order, the assessee was in appeal before the Ld. CIT(A). During the appellate proceedings it has been brought to the notice of Ld. CIT(A) that, aggrieved with above Assessment Order of JCIT, Noida, passed u/s. 143(3) dated 31/10/2007 the assessee had filed appeal before CIT(A), Ghaziabad, who vide his or .....

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