As per sec 11 of IT Act. if no contrary view taken by superior against the decision of coordinated branch cannot be setaside in the absence of proof

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH- “A” CALCUTTA

Before  Shri Pramod Kumar, Accountant Member and

Shri George Mathan, Judicial Member

ITA No. 1160/Kol/2011

Assessment Year: 2008-09

A.C.I.T,CC-XXIII, Kolkata

(APPELLANT)

Versus

M/s. Guru Nanak Educational

Trust PAN: AAATG 6799C

 (RESPONDENT)

For the Appellant: Shri S.P. Lahiri, ld.DR

For the Respondent: Shri S.L. Kochar, Advocate, ld.AR

Date of Hearing: 16-05-2012

Date of Pronouncement: 16-05-2012

ORDER

This is an appeal filed by the revenue against order of the learned Commissioner of Income-tax (Appeals), Central-III, Kolkata in appeal no. 170/CC-XXIII/CIT(A)-III/10-11 dated 21-06-2011 for the assessment year 2008-09.

2. Shri S.P. Lahiri, learned DR represented on behalf of the revenue and Shri S.L. Kochar, Advocate, learned AR represented on behalf of the assessee.

3. In this revenue’s appeal, the revenue has raised following ground of appeal :-

“1 In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO tog grant exemption u/s. 11 of the I.T Act to the assessee trust when the order dt. 31.12.2008 u/s. 12AA(3) of the Act has been appealed before the Hon’ble High Court u/s. 260A of the Act and is not conclusive at this point of time.

2. In the facts and circumstances of the case and in law the  learned CIT(A) has erred in directing the AO to grant exemption u/s. 11 of the IT Act to the assessee when the status of the assessee that was held as “AOP” for the reasons as discussed in the assessment order was not challenged by the assessee.

3. That the Department craves leave to add, modify or alter any of the ground(s) of appeal and/ or adduce additional evidence at the time of hearing of the case.

4. At the time of hearing it was fairly agreed by both the sides that the issue is squarely covered in favour of the assesses by the decision of the co-ordinate bench of this tribunal in assessee’s own case in ITA Nos.2210 & 2211/Kol/2008 dated 27-05-2011 for the assessment years 2004-05 and 2007-08.

5. We have considered the rival submissions. We have also perused the said order dated 27-05-2011 of the co-ordinate bench of this tribunal in assessee’s own case for the assessment years 2004-05 & 2007-08 (refer to supra). As it is noticed that the co-ordinate bench of this tribunal in assessee’s own case (refer to supra) in para 4 & 5 of the said order dated 27-05-11 has taken into consideration the decision of the Hon’ble Madhya Pradesh High Court in the case of CIT –vs- Darshan Talkies [217 ITR 744] as also the decision of the co-ordinate bench of this tribunal in assessee’s own case for the assessment year 2006-07 in ITA No.1689/Kol/2009 dated 26-11-2009 and the tribunal has dismissed the revenue’s appeals [in ITA Nos.2210 & 2211/Kol/2010] upholding the finding of the ld.CIT(A) in directing the Assessing Officer to grant exemption u/s. 11 of the I.T Act, respectfully following the said order/decision dated 27/05/2011 of the co-ordinate bench of this tribunal in assessee’s own case for the assessment years 2004-05 & 2007-08 (refer to supra) and as also as no contrary view has been taken by any superior authority and no contrary evidence has been placed before us by the revenue, the findings of the learned Commissioner of Income-tax (Appeals)  stand confirmed. The issues of revenue’s appeal are dismissed.

6. In the result, the appeal of the revenue stands dismissed.

THIS ORDER IS PRONOUNCED IN OPEN COURT AS DICTATED ON Dt 16-05-2012

                                                     Sd/-                             Sd/-

                                            Pramod Kumar,          George Mathan,

                                      (Accountant Member)    (Judicial Member)

Date 16-05-2012

Copy of the order forwarded to:

1 .The Appellant: A.C.I.T, CC-XXIII, 5th Fl., 18 Rabindra Sarani, Kol-1.

2. The Respondent- M/s.Guru Nanak Educational Trust 20 B.T Road, Kol-2.

3. The CIT,

4. The CIT(A)

5. DR, Kolkata Bench

6. Guard file.

True Copy

By order, Asstt Registrar