Income Tax Appellate Tribunal - Mumbai
Dcit (E) -2(1), Mumbai vs St. Francis Indl Training Institute, ... on 8 April, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL "F"
BENCH, MUMBAI
BEFORE HON'BLE SH. SANDEEP GOSAIN, JM &
HON'BLE SH. N. K. PRADHAN, AM
आयकरअपीलसं./ I.T.A. No. 1747/Mum/2018
(निर्धारणवर्ा / Assessment Year: 2012-13)
DCIT (e) 2(1), St. Francis Industrial
R. No. 519, 5th floor, बिधम/ Training Institute,
Piramal Chambers, Lower Vs. Mount Poinsur, Borivali
Parel, Mumbai-400 012 (west), Mumbai-400 103
स्थायीलेखासं ./ जीआइआरसं ./ PAN No. AABTS6822K
(अपीलाथी/Appellant) : (प्रत्यथी / Respondent)
अपीलाथीकीओरसे/ Appellant by : Shri Rajeev Gubgotra,
DR
प्रत्यथीकीओरसे/Respondentby : Ms. Ruchi Tamhankar,
AR
सुनवाईकीतारीख/
: 08.04.2019
Date of Hearing
घोषणाकीतारीख /
: 08.04.2019
Date of Pronouncement
आदे श / O R D E R
Per Sandeep Gosain, Judicial Member:
The present Appeal filed by the revenue is against the order of Ld. CIT (Appeal) - 1, Mumbai dated 22.12.17 for AY 2012-13.
2
I.T.A. No. 1747 /Mum/2018 St. Francis Industrial Training Institute
2. The solitary ground raised by the revenue relates to challenging the order of Ld. CIT(A) in allowing the carry forward deficit of earlier years and allowing set off against the income of the succeeding years.
3. At the very outset, Ld. AR appearing on behalf of the assessee submitted before us that these grounds are covered by the order of Hon'ble ITAT in ITA No. 5921 to 5924/Mum/16 for AY 2010-11. 2009-10, 2011-12 & 2008-09 in assessee's own case, wherein the identical grounds raised in the present appeal have already been decided on merits.
4. On the other hand, Ld. DR contested the appeal and relied upon the assessment order passed by AO.
5. We have heard both the parties and we have also perused the material placed on record as well as the orders passed by revenue authorities. We find that the identical ground has already been decided by the Coordinate Bench of Hon'ble ITAT in ITA No. 5921 to 5924/Mum/16 for AY 2010-11. 2009-10, 3 I.T.A. No. 1747 /Mum/2018 St. Francis Industrial Training Institute 2011-12 & 2008-09 in assessee's own case. The operative portion of the order of Hon'ble ITAT passed in ITA No. 5921 to 5924/Mum/16 contained in para no. 8, which is reproduced below:-
8. Similarly, the second issue raised by the Revenue is with regard to carry forward of the deficit of Rs.7,25,17,949/-
to be set-off against the future income. On this aspect also, CIT(A) has allowed the claim following the judgment of the Hon'ble Bombay High Court in the case of Institute of Banking Personnel Selection (supra); in fact, similar situation has been further affirmed by the Hon'ble Bombay High Court in the case of M/s. Mumbai Education Trust (supra). Therefore, on this aspect also, we find no error on the part of the CIT(A) in allowing the claim of the assessee, which we hereby affirm.
6. After having heard the counsels at length and after having gone through order of ITAT as mentioned above in assessee's own case, we find that the identical issue has already been decided by the Hon'ble ITAT in ITA No. 5921 to 5924/Mum/16 for AY 2010-11. 2009-10, 2011-12 & 2008-09 in assessee's own case. Therefore, respectfully following the decision of the Coordinate Bench of Hon'ble ITAT and in order to maintain 4 I.T.A. No. 1747 /Mum/2018 St. Francis Industrial Training Institute judicial consistency, we apply the same findings which are applicable mutatis mutandis in the present case. Resultantly, this ground raised by the revenue stands dismissed.
7. In the net result, the appeal filed by the revenue stands dismissed with no order as to cost.
Order pronounced in the open court on 8th April, 2019.
Sd/- Sd/-
(N. K. Pradhan) (Sandeep Gosain)
ले खासदस्य / Acountant Member न्याययकसदस्य / Judicial Member
मुंबई Mumbai;यदनां कDated : 08.04.2019
Sr.PS. Dhananjay
आदे शकीप्रनिनिनिअग्रे नर्ि/Copy of the Order forwarded to :
1. अपीलाथी/ The Appellant
2. प्रत्यथी/ The Respondent
3. आयकरआयुक्त(अपील) / The CIT(A)
4. आयकरआयुक्त/ CIT- concerned
5. यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, Mumbai
6. गार्ड फाईल / Guard File आदे शधिुसधर/ BY ORDER, उि/सहधयकिंजीकधर .
(Dy./Asstt.Registrar) आयकरअिीिीयअनर्करण, मुंबई/ ITAT, Mumbai