Ita/262/2010 Of The Commissioner Of Income Tax v. M/S. Venkatesha Education Society

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19[th]DAY OF FRBRUARY 2014. PRESENT THR HON’BLE MR.JUSTICK DILIP B.BHOSALE AN 1 THR HON’BLE MR.JUSTICE B.MANOQHAR 1.T.A.NO.262/2010CiW1.T.A.NOS.263/2010,2264/2010265/2010,2266/201AND2267/201 BBRITWEHR 1.|The Commissioner of Income Tax,Central circle, C.R.Building,Queens Road, Bangalore. 2.|The Asst. Commissioner of Income TaxCentral Circle — 12(3),C R Building, Queens RoadBangalore.APPELLANTS(common)(By Sri.K.V.Aravind, Adv.) ANT)M/s.Venkatesha Education Society,No.19, Ashoka Road,st.Thomas Town post,Hutchins Road Cross,Bangalore-560 084.— RBSPONDEBENT(common)(By Sri.S.Parthasarathi, Adv.) APPELLANTS These appeals are filed under Section 260-A ofI.T.Act, 1961, arising out of the order dated 19.03.2010.passed in ITA Nos.77, 72, 73, 74, 75 & 76/Bang/2010—for the Assessment years 2001-2002, 1995-1996, 1996-1997,1997-1998,1999-VJ000&AOQOOO-2ZOOrespectively, praying to formulate the substantialquestions of law stated therein and allow the appeal andset aside the order passed by the ITAT, Bangalore, inITA Nos.77, 72, 73, 74, 75 & 76/Bang/2010 dated19.03.2010 respectively, confirming the order of theAppellate Commissioner & confirm the order passed bythe Assistant Commissioner of Income Tax, Circle-1(2),Bangalore, in the interest of justice and equity. These appeals coming on for hearing this day,DILIP B.BHOSALE J,delivered the following:- PC:| These appeals are arising from the common order dated 19.03.2010 rendered by ITAT (for short ‘theTribunal’) in ITA Nos.72-77/2010 for the AssessmentYears 1995-96, 1996-97, 1997-98, 1999-2000, 2000-2001, 2001-2002. The Tribunal passed separate order in respect of the Assessment year 1998-99 and theappeal arising from that order was considered anddecided by us on 18.02.2014 bearing ITA No.572/2007,setting aside the order of the Tribunal on the facts andin the circumstances of that case. 2. In the present cases, the Tribunal while holdingthat the respondent-Assessee (Society) is entitled forbenefit of Sections 10(22) and 11 of the Income Tax Act,1961adoptedtheTe€aSONnrecordedInITANo.1209/2002 for the Assessment Year 1997-98, whichwas pertaining to registration under Section 12A of theAct. In other words, the Tribunal has not independentlyconsidered the question, whether the respondent-assessee is entitled for benefit of Sections 10(22) and 11.of the I.T.Act and therefore, learned counsel for the)parties have agreed for the following order:- (i) The order dated 19.03.2010 passedby the Tribunal is set aside. All the Income Tax Appeals bearing Nos./72-77/2010 arerestored to file. (1) The Tribunal shall consider theseappeals afresh and record its findings on thequestion, whether the respondent-assessee|is entitled for benefit of Sections 10(22) and 11 of the I.T.Act. (11) All contentions of the parties areKept open. (iv) It is needless to mention that theparties will be at liberty to file additionalevidence/materials, if they so desire, beforethe Tribunal in support of their case.| 3. It is made clear that we have not examined merits of the case. With these observations, appeals are disposed of. Srl. | od/-| JUDGE od/- JUDGE