The Dy. Commissioner of Income-tax (E), Circle-I, Bangalore v. Bangalore Development Authority - 2019-LL-0920-1

Citation	2019-LL-0920-1
Appellant Name	The Dy. Commissioner of Income-tax (E), Circle-I, Bangalore
Respondent Name	Bangalore Development Authority
Court	ITAT-Bangalore
Relevant Act	Income-tax
Date of Order	20/09/2019
Assessment Year	2010-11
Judgment	View Judgment
Keyword Tags	computation of income • denial of exemption • rectification order
Bot Summary:	APPELLANT RESPONDENT Appellant by Shri Pradeep Kumar, CIT Respondent Shri S Annamalai, Advocate by Date of hearing 05.09.2019 Date of Pronouncement 20.09.2019 ORDER Per B.R Baskaran, Accountant Member The revenue has filed this appeal challenging the order dated 20-04-2015 passed by Ld CIT(A)-14, Bangalore and it relates to the assessment year 2010-11. At the outset, it was noticed that the impugned order passed by Ld CIT(A) was against the rectification order passed by the AO u/s 154 of the Act. It was further noticed that the matter relating to denial of exemption claimed by the assessee u/s 11 of the Act was carried to the ITAT and the Tribunal, vide its order dated 03-05-2019 passed in ITA No.789/Bang/2014, has held that the assessee is eligible for exemption u/s 11 of the Act. In view of the above said order passed by the Tribunal, the manner of computation of income would change drastically. Under these set of facts, we are of the view that the issues contested before us need to be set aside to the file of the AO for examining afresh, since the assessee is held to be eligible for exemption under sec.11 of the Act. When these facts were put to the notice of both the parties, both of them agreed that the issues contested in this appeal may be restored to the file of the AO. Accordingly, we set aside the order passed by Ld CIT(A) and restore all the issues to the file of the AO for examining them afresh in accordance with the provisions applicable to charitable institutions. Order pronounced in the Open Court on 20th September, 2019.

IN INCOME TAX APPELLATE TRIBUNAL C BENCH BANGALORE BEFORE SHRI N.V VASUDEVAN, VICE PRESIDNET AND SHRI B.R BASKARAN, ACCOUNTANT MEMBER ITA No.1007/Bang/2015 Assessment year 2010-11 Dy. Commissioner of Income-tax (E), Vs. M/s Bangalore Development Circle-I, Authority, Bangalore T Chowdaiah Road, Kumara Park West, Bangalore-560 020. APPELLANT RESPONDENT Appellant by Shri Pradeep Kumar, CIT Respondent Shri S Annamalai, Advocate by Date of hearing 05.09.2019 Date of Pronouncement 20.09.2019 ORDER Per B.R Baskaran, Accountant Member revenue has filed this appeal challenging order dated 20-04-2015 passed by Ld CIT(A)-14, Bangalore and it relates to assessment year 2010-11. 2. At outset, it was noticed that impugned order passed by Ld CIT(A) was against rectification order passed by AO u/s 154 of Act. It was noticed that assessing officer had passed original assessment order u/s 143(3) of Act, wherein he had denied exemption claimed by assessee u/s 11 of Act. ITA No.1007/Bang/2015 . It was further noticed that matter relating to denial of exemption claimed by assessee u/s 11 of Act was carried to ITAT and Tribunal, vide its order dated 03-05-2019 passed in ITA No.789/Bang/2014, has held that assessee is eligible for exemption u/s 11 of Act. In view of above said order passed by Tribunal, manner of computation of income would change drastically. Under these set of facts, we are of view that issues contested before us need to be set aside to file of AO for examining afresh, since assessee is held to be eligible for exemption under sec.11 of Act.. 4. When these facts were put to notice of both parties, both of them agreed that issues contested in this appeal may be restored to file of AO. Accordingly, we set aside order passed by Ld CIT(A) and restore all issues to file of AO for examining them afresh in accordance with provisions applicable to charitable institutions. 5. In result, appeal of revenue is treated as allowed for statistical purposes. Order pronounced in Open Court on 20th September, 2019. Sd/- Sd/- (N.V Vasudevan) (B.R Baskaran) Vice President Accountant Member Bangalore, Dated, 20th September, 2019. ITA No.1007/Bang/2015 Copy to 1. Applicant 2. Respondent 3 . CIT 4. CIT(A) 5. DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore. Dy. Commissioner of Income-tax (E), Circle-I, Bangalore v. Bangalore Development Authority

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