The Commissioner Of Income Tax vs M/S Childrens Education Society
2022 Latest Caselaw 2892 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF FEBRUARY 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                              AND

         THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                  I.T.A. NO.138 OF 2022


BETWEEN:

1.     THE COMMISSIONER OF INCOME-TAX
       EXEMPTIONS, 6TH FLOOR
       UNITY BUILDING ANNEXE
       MISSION ROAD, BENGALURU-560027.

2.     THE DEPUTY COMMISSIONER OF INCOME-TAX
       EXEMPTIONS, CIRCLE-1, PRESENT ADDRESS
       ADDL. CIT, EXEMPTIONS RANGE
       6TH FLOOR, UNITY BUILDING ANNEXE
       MISSION ROAD, BENGALURU-560027.

                                           .... APPELLANTS
(BY MR. ARAVIND K.V. ADV.,)


AND:

M/S. CHILDRENS EDUCATION SOCIETY
NO.40, 1ST PHASE, J.P.NAGAR
BANGALORE-560078
PAN-AAATC1553A.
                                           ... RESPONDENT
                              ---
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      THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX
ACT 1961, ARISING OUT OF ORDER DATED 01.09.2021 PASSED
IN ITA NO.699/BANG/2020 FOR THE ASSESSMENT YEAR 2017-18,
PRAYING TO:
      (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
STATED THEREIN.
      (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER
PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU
IN ITA NO.699/BANG/2020 DATED 01/09/2021 FOR ASSESSMENT
YEAR 2017-18 ANNEXURE-C CONFIRMING THE ORDER OF THE
APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED
BY THE ADDL. COMMISSIONER OF INCOME TAX, EXEMPTIONS
RANGE, BENGALURU & ETC.,

     THIS I.T.A. COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Mr.K.V.Aravind, learned counsel for the revenue.

This appeal under Section 260-A of the Income Tax

Act, 1961 (hereinafter referred to as 'the Act', for short) has

been filed against the order dated 01.09.2021 passed by the

Income Tax Appellate Tribunal. The following substantial

questions of law have been proposed in the memorandum of

appeal:

"1. Whether on the facts and in the circumstances of the case, the Tribunal order can be said as perverse in nature in allowing claim of assessee for carry forward of excess application and claim of application of income for subsequent year ignoring the fact that

there is no express provision in Act allowing such claim and this will result in granting double deduction, first as accumulation of income under section 11(1)(a) or corpus donation under section 11(1)(d) in the earlier/current years or exempt income under section 10(34) and then as application of income under section 11(1)(a) in subsequent years which is not permissible under said provisions of the Act?

2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in allowing claim of assessee for carry forward of deficit ignoring that none of the provisions as contained in section 11 do not permit such a claim of assessee-Trust as Section 11 is a self-code by itself and no other provisions of setting off are available to assessee?"

2. The aforesaid substantial questions of law have

already been answered by a Bench of this Court vide

judgment dated 20.01.2021 passed in ITA No.80/2016.

3. For the reasons assigned in the aforesaid judgment,

we find that no substantial question of law arise for our

consideration in this appeal.

In the result, the appeal fails and is hereby dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV