The Pr Commissioner Of Income Tax vs M/S Navodaya Grama Vikas ...
2021 Latest Caselaw 6968 Kant

                            1

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 21ST DAY OF DECEMBER, 2021

                        PRESENT

        THE HON'BLE MRS. JUSTICE S.SUJATHA

                          AND

  THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                   I.T.A.NO.308/2019

BETWEEN:

  1. The Pr.Commissioner of Income-Tax,
     CIT (A), C.R.Building
     Attavara
     Mangaluru-575 001.

  2. The Deputy Commissioner of Income-Tax
     Central Circle-1
     C.R.Building
     Attavara
     Mangaluru-575 001.               ... APPELLANTS

(By Sri.K.V.Aravind, Adv. a/w
 Sri.Dilip.M., Adv.)

AND:

M/s.Navodaya Grama Vikas Charitable Trust
14-7-1005, SCDCC Bank Limited
Head Office Building
Kodaialbail
Manglauru-575 003.              ... RESPONDENT

(By Sri. Annamalai.S., Adv. a/w
    Sri Bhairav Kuttaiah, Adv.)
                             2

      This ITA is filed under Section 260A of the Income
Tax Act, 1961, praying to allow the appeal and set aside
the orders passed by the Income-Tax Appellate Tribunal,
Bengaluru, in ITA No.738/Bang/2018 dated 27.06.2018
for Assessment Year 2012-2013 Annexure-C and confirm
the order of the Appellate Commissioner confirming the
order 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:

                    JUDGMENT

This appeal is filed by the Revenue challenging

the order of the Income Tax Appellate Tribunal 'C'

Bench, Bengaluru, in ITA No.738/Bang/2018 dated

27th June 2018 relating to the assessment year 2012-

13. The appeal has been admitted to consider the

following substantial questions of law:

"1. Whether on the facts and in the circumstances of the cases, the Tribunal is right in law in setting aside disallowance made by assessing officer in respect of set off and carry forward of excess expenditure even though the same is justified as assessee being a Charitable Trust is not entitled for such relief?

2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside the disallowance made by assessing authority with regard to set off and carry forward of excess expenditure even though the assessing

authority rightly rejected the said claim after noting that assessee has not maintained profit and loss accounts, when there is no loss itself, the question of forward of the same does not arise?"

2. Learned counsel appearing for the respondent

- Society would point out that the issue involved

herein is squarely covered by the decision of the Co-

ordinate Bench of this court in the case of

Commissioner of Income-tax (Exemptions),

Bangalore -vs- Ohio University Christ College1,

which has been further reiterated in the case of

Principal Commissioner of Income-tax

(Exemptions) -vs- Manipal Academy of Higher

Education2.

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.

(2018) 408 ITR 352 (Karnataka)

(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/-