Income Tax Appellate Tribunal - Delhi
Vivekanand Shiksha Samiti, Haryana vs Dcit, Haryana on 5 July, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : A : NEW DELHI
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
AND
SHRI KULDIP SINGH, JUDICIAL MEMBER
ITA No.5462/Del/2015
Assessment Year : 2011-12
Vivekanand Shiksha Samiti, Vs. DCIT,
VOP Dahina, Circle-Rewari,
District Rewari, Haryana.
Haryana.
PAN: AAAAV3136B
(Appellant) (Respondent)
Assessee By : Shri Naresh Kumar Aggarwal,
Advocate
Department By : Shri Rajiv Kumar, Sr. DR
Date of Hearing : 04.07.2017
Date of Pronouncement : 05.07.2017
ORDER
PER R.S. SYAL, VP:
This appeal filed by the assessee arises out of the order passed by the CIT(A) on 25.06.2015 in relation to the assessment year 2011-12.ITA No.5462/Del/2015
2. Revised grounds have been filed. Basically there are two issues. The first issue is against non-adjudication by the ld. CIT(A) of ground No.5 taken in Form No.35 reading as under:-
"5. That the appellant has claimed income exempt u/s 10(23)(iiiad) of the Income Tax Act, 1961. That for the purposes of this section each and every institution running under a Society is taken independent of each other and even of the society."
3. The facts apropos this issue are that the assessee filed return declaring Nil income. The Assessing Officer observed that the assessee Society was running three institutions, namely, Vivekanand Senior Secondary School, Vivekanand College of Education, and Vivekanand College of Diploma in Education, situated at VPO Dahina, District Rewari. The Assessing Officer considered combined gross receipts of the three institutions at Rs.1.25 crore, which, in his opinion, exceeded the threshold limit of Rs.1 crore provided for availing exemption u/s 10(23C)(iiiad). Thereafter, assessment was completed at total income of Rs.37.20 lac. The assessee assailed the decision of the Assessing Officer in not granting the benefit of exemption u/s 10(23C)(iiiad) before the ld. CIT(A) through ground No.5, which has been reproduced above. The ld. 2 ITA No.5462/Del/2015 CIT(A) did not give any finding on this ground, which has been admitted by the ld. DR as well. Without going into the merits of the eligibility or otherwise of exemption under this section, we set aside the impugned order and remit the matter to the ld. first appellate authority for deciding ground no.5 taken before him on merits. Needless to say, the assessee will be allowed a reasonable opportunity of hearing.
4. The only other issue involved in this appeal is against the confirmation of addition u/s 68. The assessee received unsecured loans totaling Rs.36 lac from eight persons including the Chairman of the Society, Shri Rama Nand. On being called upon to prove the genuineness of the transactions of receipt of loans, the assessee submitted certain details. The Assessing Officer issued summons. Seven persons out of the total eight persons attended the office of the Assessing Officer. Statements of six persons were recorded. The Assessing Officer has recorded in the assessment order that two persons, namely, Shri Ganga Ram and Shri Satyavir Singh stated that the Chairman of the society, Shri Rama Nand gave them a sum of Rs.6 lac and 5 lac, respectively, in cash which was deposited into their respective bank accounts and then transferred to the 3 ITA No.5462/Del/2015 account of the Society. In this backdrop of the facts, the Assessing Officer treated the entire amount of unsecured loans of Rs.36 lac as non-genuine and made addition for the same. No relief was allowed in the first appeal. The assessee is aggrieved against the confirmation of addition.
5. Having heard both the sides and perused the relevant material on record, it is seen that the assessee has placed affidavits of such two persons along with evidence of their income, who, as per the Assessing Officer, accepted that Shri Rama Nand gave them cash which was deposited in their bank accounts for issuing cheques to the assessee. Apart from that, certain other evidences have also been placed on record to show the genuineness of the transactions. In the given circumstances, we are of the considered opinion that the ends of justice would meet adequately if the impugned order is set aside on this score as well and the matter is remitted to the ld. CIT(A) for deciding this aspect, if needed, after rendering his decision on the first issue of the availability or otherwise of exemption u/s 10(23C) (iiiad) of the Act.
4 ITA No.5462/Del/2015
6. In the result, the appeal is allowed for statistical purposes.
The order pronounced in the open court on 05.07.2017.
Sd/- Sd/-
[KULDIP SINGH] [R.S. SYAL]
JUDICIAL MEMBER VICE PRESIDENT
Dated, 05th July, 2017.
dk
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT (A)
5. DR, ITAT
AR, ITAT, NEW DELHI.
5