Iapl/47/2022 Of Commissioner Of Income Tax Exemptions Lucknow And Another v. M/S Muzaffarnagar Development Authority

Case :- INCOME TAX APPEAL No. - 47 of 2022 Appellant :- Commissioner Of Income Tax Exemptions Lucknow And AnotherRespondent :- M/S Muzaffarnagar Development AuthorityCounsel for Appellant :- Ashish Agrawal Hon'ble Surya Prakash Kesarwani,J.Hon'ble Jayant Banerji,J. Heard Sri Ashish Agrawal, learned counsel for the appellant. This appeal has been filed against the order dated 23.09.2021 passed by the Income TaxTribunal, Delhi Bench: 'E' New Delhi. It is undisputed that revised return was filed by therespondent assessee to claim benefit/ exemption under Section 11 of the Income Tax Act,1961 on the account of the fact that its appeal with regard to Registration under Section 12AAwas allowed by the ITAT vide order dated 12.01.2015 in ITA No.4231/Del/2013 with effectfrom the date of its grant, i.e. 30.04.2008. It has not been denied by learned counsel for theappellant before us that the order of the ITAT dated 12.01.2015 has become final. In thisbackground of brief facts, the Tribunal has considered the submissions of the parties andrecorded findings of fact as under:- "5. The Ld. AR submitted that as regards Ground No. 1 to 4, the 12 Registration was restored bythe Tribunal vide order dated 12/1/2015. Therefore, the Assessing Officer has wrongly denied theclaim of the exemption u/s 11 of the Act. The Ld. AR relied upon the decision of the Hon'bleSupreme Court in case of Goetz India Ltd. and submitted that the CIT(A) should have entertain theclaim of the assessee for Exemption u/s 11 at the time of appellate proceedings which was totallydenied by the CIT(A) 6. The Ld. DR relied upon the assessment order and the order of the CIT(A). The Ld. DR alsorelied upon the decision of Dalmia Power (S.C). The Ld. DR further submitted that the revisedreturn filed by the assessee was after the expiry of the time limit available under the statute andthe decision of the Hon'ble Supreme Court in Goetz India will not be applicable in the presentcase 7. We have heard both the parties and perused the material available on record. It is pertinent tonote that the Registration u/s 12AA was granted to the assessee vide Tibunals order and same waspointed out by the assessee before the CIT(A) which was not at all considered. Since, theRegistration was granted w.e.f. 30/04/2008, the claim of the assessee for Assessment Year 2012-13& 2013-14 are valid claim for exemption u/s 11. Therefore, the appeal of the assessee being ITANo. 191/DEL/2018 (A.Y 2012-13) is allowed. Both the appeals are identical in nature and nodistinguishing facts were pointed out by both the parties, hence, ITA No. 192/DEL/2018 (A.Y201314) allowed. 9. In result, both the appeals of the asessee are allowed." We find that findings recorded by the Tribunal are findings of fact based on consideration ofrelevant materials on record. No substantial questions of law are involved in the impugnedorder of the Tribunal. In view of the aforesaid, the appeal is dismissed. Order Date :- 7.7.2022NLY