Ita/308/2019 Of The Pr Commissioner Of Income Tax v. M/S Navodaya Grama Vikas Charitable Trust

1 IN THR HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21 DAY OF DECEMBER, 2021| PRESENT THE HON’BLE MRS. JUSTICE S.SUJATHA ANT) THE HON’BLE MR. JUSTICE S.VISHWAJITH SHBTTY. I.T.A.NO.308/2019 BRTWRBN 1. The Pr.Commissioner of Income-Tax,CIT (A), C.R.Building|Attavara|Mangaluru-9575 OO1. 2. The Deputy Commissioner of Income-TaxCentral Circle-1.C.R.BuildingAttavara.Mangaluru-9575 OO1.... APPBLLANT (By Sri.K.V.Aravind, Adv. a/w |Sri.Dilip.M., Adv.) ANT M/s.Navodaya Grama Vikas Charitable Trust14-7-1005, SCDCC Bank LimitedHead Office BuildingKodaialbailManglauru-575 O03. _. RESPONDENT (By Sri. Annamalai.sS., Adv. a/w Sri Bhairav Kuttaiah, Adv.)Sri Bhairav Kuttaiah, Adv.) This ITA is filed under Section QJ6O60A of the IncoTax Act, 1961, praying to allow the appeal and set asidethe orders passed by the Income-Tax Appellate Tribunal,Bengaluru, in ITA No.738/Bang/2018 dated 27.06.2018for Assessment Year 2012-2013 Annexure-C and confirmthe order of the Appellate Commissioner confirming theorder passed by the Deputy Commissioner of Income Tax,Central Circle-1, Mangaluru, etc. This appeal coming on for hearing this day,S.SUJATHA J., delivered the following: JU DBiGMENT This appeal is filed by the Revenue challengingthe order of the Income Tax Appellate Tribunal 'C'|Bench, Bengaluru, in ITA No.738/Bang/2018 dated|OT[th]June 2018 relating to the assessment year 2012- 13. The appeal has been admitted to consider the|following substantial questions of law: "I. Whether on the facts and in _ thecircumstances of the cases, the Tribunal is)right in law in setting aside disallowancemade by assessing officer in respect of set offand carry forward of excess expenditure eventhough the same is justified as assesseebeing a Charitable Trust is not entitled forsuch relief? a2WhetherOTLthefactsandin|thecircumstances of the case, the Tribunal is|right in law in setting aside the disallowance|made by assessing authority with regard to|Set|offand.Carryforwardof|CXCeSSexpenditureeve?»thoughtheassessing 3 authority rightly rejected the said claim afternoting that assessee has not maintained|profit and loss accounts, when there is noloss itself, the question offorward of the samedoes not arise?" 2. Learned counsel appearing for the respondent, - Society would point out that the issue involvedherein is squarely covered by the decision of the Co-ordinate Bench.ot|this court in the!case ofCommissionerofIncome-tax(Exemptions), Bangalore -vs- Ohio University Christ College[J]Iwhich has been further reiterated in the case oft PrincipalCommissionerofIncome-tax(Exemptions) -vs- Manipal Academy of Higher|Education[%] 3. Learned counsel for the revenue does not'dispute the same. 4. We have perused the judgments referred to by|the learned counsel for the respondent. — i(2018) 408 ITR 352 (Karnataka) m(2019) 111 taxmann.com 243 (Karnataka) 5. In view of the aforesaid submissions and on|perusal of the citations referred to by the learned|counsel for the respondent as aforesaid, we are of the|considered view that no substantial question of law)arises for our consideration as we concur with the.decisions rendered by the Co-ordinate Bench of this|court referred to above. The appeal stands disposed of, accordingly. Sd/-|JUDGE Sd/-|JUDGE KNM/-|