Iapl/62/2020 Of M/S Krashna Mahavidyalaya Samiti v. Pr. Commissioner Of Income Tax And Another

Case :- INCOME TAX APPEAL No. - 62 of 2020 Appellant :- M/S Krashna Mahavidyalaya SamitiRespondent :- Pr. Commissioner Of Income Tax And AnotherCounsel for Appellant :- Suyash AgarwalCounsel for Respondent :- S.S.C. Hon'ble Munishwar Nath Bhandari,J.Hon'ble Ajai Tyagi,J. Income tax appeal has been preferred against order dated19.02.2020. Learned counsel for the appellant submits that withoutconsidering the legal issue in reference to the jurisdiction undersection 154 of the Income Tax Act (hereinafter referred to as'the Act') and even scope of section 143 (1) of the Act, the plearaised by the appellant has been rejected by the ITAT though thematter has been remanded for adjudication of the issue ofcorpus funds. In view of the above, the appeal has beenpreferred by framing the substantial question of laws to beadjudicated by this Court. Learned counsel appearing for the Revenue submits that theappeal preferred by the petitioner has been allowed withremand of the matter. It is with opportunity to the assesee tojustify its claim. He has been given liberty even to filedocuments before the CIT (Appeal). The CIT (Appeal) wouldbe hearing the matter afresh on all the issues which includeeven the issue in reference to sections 143 and 154 of the Act,thus, there was no reason for the appellant to file this appeal.Prayer is to dismiss it accordingly. We have considered the rival submissions of counsel for theparties and perused the record. Para 6 of the impugned order shows a remand of the matter tothe CIT (Appeal) for its adjudication though mainly in regard tothe corpus funds, however, and as clarified by the learnedcounsel for the Revenue that all related issues raised by theappellant before ITAT can be raised and would be decided byCIT (Appeal), we do not find any reason to admit this appealwhen ITAT has otherwise allowed the appeal filed by theappellant here. We do not find that the issue in reference tosection 143 (1) or section 154 of the Act has been adjudicatedby the Tribunal. In view of the above, the present appeal is dismissed, however,with the clarity that appellant herein can raise all the issuesbefore the CIT (Appeal) as were otherwise raised before theTribunal. It would then be heard and decided on merit. Order Date :- 24.6.2021 Madhurima