Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« From the Courts »
Open DEMAT Account in 24 hrs
 Inordinate delay in income tax appeal hearings
 Income Tax leviable on Tuition Fee in the Year of Rendering of Services: ITAT
 Supreme Court invoked its power under Article 142 of Constitution to validate notices issued under section 148 as notices issued under section 148A. However the same shall be subject to amended provisions of section 149.
 ITAT refuses to stay tax demand on former owner of Raw Pressery brand
 Bombay HC sets aside rejection of refund claims by GST authorities
 [Income Tax Act] Faceless Assessment Scheme does not take away right to personal hearing: Delhi High Court
 Rajasthan High Court directs GST Authority to Unblock Input Tax Credit availed in Electronic Credit Ledger
 Sebi-taxman fight over service tax dues reaches Supreme Court
 Delhi High Court Seeks Status Report from Centre for Appointments of Chairperson & Members in Adjudicating Authority Under PMLA
 Delhi High Court allows Income Tax Exemption to Charitable Society running Printing Press and uses Profit so generated for Charitable Purposes
 ITAT accepts Lease Income as Business Income as Business Investments were mostly in nature of Properties

The Income Tax officer (E), Ward-1(3), E-2 Block, Room No.2419, 24th Floor, Pratyaksh Kar Bhawan, Civic Centre, Jawahar Lal Nehru Marg, New Delhi PIN 110 002. vs. DLF Qutab Elclave Complex Medical Charitable Trust, 9th Floor, DLF Centre, Sansad Marg, New Delhi – 110 001.
May, 21st 2019
        IN THE INCOME TAX APPELLATE TRIBUNAL
               DELHI BENCHES "B": DELHI

      BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT
                         AND
          BHAVNESH SAINI, JUDICIAL MEMBER

                     ITA.No.5283/Del./2016
                   Assessment Year 2012-2013

The Income Tax officer (E),
                                 DLF Qutab Elclave
Ward-1(3), E-2 Block,
                                 Complex Medical
Room No.2419, 24th Floor,
                                 Charitable Trust, 9th Floor,
Pratyaksh Kar Bhawan,       vs.,
                                 DLF Centre, Sansad Marg,
Civic Centre, Jawahar Lal
                                 New Delhi ­ 110 001.
Nehru Marg, New Delhi
                                 PAN AAATD0853C
PIN 110 002.
        (Appellant)                     (Respondent)

                For Revenue : Ms. Nidhi Srivastava, CIT-DR
                               Shri R.S.Singhvi, C.A. And
                For Assessee :
                               Shri Satyajeet Goel, C.A.

             Date of Hearing : 08.05.2019
      Date of Pronouncement : 20.05.2019

                               ORDER

PER BHAVNESH SAINI, J.M.

            This appeal by Revenue has been directed against

the   Order   of   the   Ld.    CIT(A)-40,   New   Delhi,   Dated

19.07.2016, for the A.Y. 2012-2013, on the following

grounds :
                              2
                             ITA.No.5283/Del./2016 DLF Qutab Enclave
                            Complex Medical Charitable Trust, New Delhi.


     1. "On the facts and in the circumstances of the case,

       the CIT(A) has erred in law and on facts in holding

       that leasing/sale of medical sites is charitable

       activity as per the provisions of section 2(15) of the

       I.T. Act. 1961.

     2. On the facts and in the circumstances of the case, the

       CIT(A) has erred in not appreciating the facts that the

       assessee was not doing any charitable activity which

       would make it eligible for exemptions u/s 11/12 of

       the I.T. Act.






     3. On the facts and in the circumstances of the case, the

       CIT(A) has erred in law and on facts in holding that

       the AO has not brought out any material on records to

       hold that assessee was providing undue benefit to

       the person covered u/s 13(3) by giving office space on

       lease to DLF Home Developers Ltd at rate much

       below than prevailing market rates."


2.         Briefly the facts of the case are that assessee

trust had filed return of income for the assessment year

under appeal declaring NIL income. The assessment,
                              3
                             ITA.No.5283/Del./2016 DLF Qutab Enclave
                            Complex Medical Charitable Trust, New Delhi.


however, in this case has been completed at a total income

of Rs.15.10 crores under section 143(3) of the I.T. Act vide

assessment order dated 28.03.2015. In other words, the

benefit of Sections 11 and 12 of the I.T. Act have been

denied to the assessee. The assessee submitted before the

Ld. CIT(A) that in preceding A.Y. 2011-2012 the assessee

trust has been allowed full relief by the Ld. CIT(A). He has

submitted that facts of the case are same in assessment

year under appeal as have been considered in preceding

assessment year. The Ld. CIT(A) found contention of

assessee to be correct that in preceding A.Y. 2011-2012, the

Ld. CIT(A) has allowed exemption under sections 11 and 12

of the I.T. Act, 1961. Therefore, all the additions have been

deleted.


3.         Learned Counsel for the Assessee, at the outset,

submitted that in preceding A.Y. 2011-2012 departmental

appeal have been dismissed by the Tribunal vide Order

dated 09.03.2018 in ITA.No.126/2016. Copy of the Order is

produced on record and provided to the Ld. D.R. The Ld.

D.R. did not dispute the same.
                                4
                                ITA.No.5283/Del./2016 DLF Qutab Enclave
                               Complex Medical Charitable Trust, New Delhi.







4.        Considering the facts of the case and the fact that

in preceding A.Y. 2011-2012, the Ld. CIT(A) allowed similar

relief to the assessee and departmental appeal have been

dismissed by the Tribunal vide Order dated 09.03.2018,

therefore, the issues are covered by the Order of the ITAT,

Delhi Bench in the case of same assessee (supra). We,

therefore, do not find any merit in the departmental appeal

and the same is accordingly dismissed.


5.        In   the   result,    appeal       of   the     Department

dismissed.


          Order pronounced in the open Court.

    Sd/-                                     Sd/-
   (G.D. AGARWAL)                           (BHAVNESH SAINI)
ACCOUNTANT MEMBER                           JUDICIAL MEMBER
Delhi, Dated 20th May, 2019
VBP/-
Copy to
1. The appellant
2. The respondent
3. CIT(A) concerned
4. CIT concerned
5. D.R. ITAT "B" Bench
6. Guard File
                       //By Order//


       Asst. Registrar : ITAT : Delhi Benches : Delhi.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2024 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting