Iapl/30/2015 Of M/S Goldmohar Gramudyog Sansthan v. Assistant Commissioner Income Tax

Case :- INCOME TAX APPEAL No. - 30 of 2015 Appellant :- M/S Goldmohar Gramudyog SansthanRespondent :- Assistant Commissioner Income TaxCounsel for Appellant :- Abhinav MehrotraCounsel for Respondent :- C.S.C. It,Gaurav Mahajan Hon'ble Pankaj Mithal,J.Hon'ble Ashok Kumar,J. We have heard Sri Mehrotra, learned counsel for theassessee appellant and Sri Gaurav Mahajan, learnedcounsel for the revenue. The assessee appellant has preferred this appeal againstthe order dated 29th September 2014 passed by theIncome Tax Appellate Tribunal, Lucknow. The matter relates to the assessment year 2010-11. The assessee appellant claimed exemption under Section10 (23 B) of the Income Tax Act,1961. The said exemptionwas denied to him by the Assessing Officer as theassessee appellant could not place the certificate issuedby the Khadi and Village Industries Commission (KVIC). The assessee appellant preferred an appeal before theCIT (Appeals) and at this stage furnished a certificateissued by the KVIC. The CIT (Appeals) granted thebenefit of exemption under Section 10 (23 B) of the Act.However, in appeal by the revenue to the tribunal, thesaid order of the CIT (Appeals) has been set aside andthe matter has been sent back to the Assessing Officer topass a fresh order on consideration of the KVIC certificatefurnished by the assessee appellant. The tribunal in passing the impugned order has observedas under:- "Having given a thoughtful consideration to the rivalsubmissions and from a careful perusal of the orders ofthe authorities below, we find that undisputedly thecertificate issued by the KVIC was not filed before theAssessing Officer, as it was not available with theassessee. It was obtained during the course of appellateproceedings and it was filed before the ld. CIT (A). Whennew evidence was filed before the learned CIT (A), the ld.CIT (A) ought to have called a remand report form theAssessing Officer in this regard, but the learned CIT (A), instead of calling for a remand report, has allowedexemption under Section 10 (23 B) of the Act havingrelied upon the certificate issued by the KVIC. It is also an undisputed fact that the Assessing Officerhas not applied his mind with regard to the exemptionclaimed under Section 10 (23 B) of the Act in the light ofthe KVIC certificate, as it was not filed before him.Therefore, the claim of exemption of the assessee shouldbe examined in the light of the certificate issued by theKVIC, by the Assessing officer. " In view of the above observations of the tribunal, we arenot satisfied that any substantial question of law arise forconsideration and the matter stands covered by theaforesaid findings of facts. Accordingly, the appeal stands dismissed. Order Date :- 30.10.2018SKS