Income Tax Appellate Tribunal - Chennai
The Council Of Seventh Day Adventist ... vs Department Of Income Tax
IN THE INCOME TAX APPELLATE TRIBUNAL
BENCH 'B' CHENNAI
Before Shri K.K. Gupata, Accountant Member and
Shri George Mathan, Judicial Member
.....
I.T.A. No. 1010/Mds/2010
Assessment Year : 2006-07
The Income-tax Officer(OSD), The Council of Seventh Day
Exemptions-III, v. Adventist Educational
Chennai. Institutions,
AA-148, III Avenue,
Anna Nagar,Chennai-600 040.
(PAN : AAATC 0175A
I.T.A. No. 1011/Mds/2010
Assessment year : 2006-07
The Income-tax Officer(OSD), The Educational Trust of
Exemptions-III, Chennai. Seventh Day Adventists
AA-148, III Avenue,
Anna Nagar,
Chennai-600 040.
(PAN : AAATE0547Q)
AND
I.T.A. No. 1012/Mds/2010
Assessment year : 2006-07
The Income-tax Officer (OSD), Medical Trust of Seventh Day
Exemptions-III, Chennai. Adventists,
AA-148, III Avenue,
Anna Nagar,
Chennai-600 040.
(PAN : AAATM5187A)
(Appellant) (Respondents)
2
I.T.A. Nos. 1010 to1012/Mds/2010
Appellant by : Shri P.B. Sekaran
Respondents by : None
ORDER
PER BENCH;
These appeals are filed by the Revenue against the orders of the learned CIT(Appeals)-XII, Chennai in appeal Nos. ITA No. 213, 212 and 210/08-09 dated 31-03-2010 for the assessment year 2006-07 respectively.
2. Written submission has been filed on behalf of the assessees intimating that the issue in the Revenue's appeal against the grant of depreciation on the assets was covered by the decision of the co-ordinate Bench of this Tribunal in the case of one of the sister concerns of the assessee being M/s. The Educational Trust of the Seventh Day Adventists in I.T.A. No. 640/Mds/2009 dated 05-03-2010. Shri P.B. Sekaran, learned CIT-DR represented on behalf of the Revenue.
3. It was submitted by the learned DR that the decision of the co-ordinate Bench of this Tribunal in the case of M/s. The Educational Trust of the Seventh Day Adventists has not become final and that an appeal has been filed before the Hon'ble High Court. It was the submission that the order of the learned CIT(A) is liable to be reversed.
4. We have considered the rival submissions. We have also perused the decision of the co-ordinate Bench of this Tribunal in the case of The Educational 3 I.T.A. Nos. 1010 to1012/Mds/2010 Trust of the Seventh Day Adventists in ITA No. 640/Mds/2009 dated 5-3-2010. A perusal of the order of the learned CIT(A) also shows that the learned CIT(A) has decided the issue by following the decision of the co-ordinate Bench of this Tribunal in the case of The Educational Trust of the Seventh Day Adventists. As it is noticed that the learned CIT(A) has only followed the judicial discipline by following the decision of the higher appellate authority being the co-ordinate Bench of this Tribunal in the case of The Educational Trust of the Seventh Day Adventists, one of the sister concerns of the assessee herein, and as no contrary decision has been brought to our notice, we hold that the finding of the learned CIT(A) is on a right footing and does not require any interference. In the circumstances, the appeals of the Revenue are dismissed.
5. The order was dictated and pronounced in the open court on 14-10-2010.
Sd/- Sd/-
(K.K. Gupta) (George Mathan)
Accountant Member Judicial Member
Chennai,
Dated the 14th October, 2010.
H.
Copy to: Assessees/AO/CIT (A)/CIT/D.R./Guard file