2017 (12) TMI 915

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....peal. 2. Because the Ld. Commissioner of Income Tax (Appeals) was wholly unjustified in dismissing the appeal merely on the ground that the department has filed a SLP against the order of Hon'ble Allahabad High Court confirming the order of Hon'ble ITAT granting registration u/s 12A of the Act. Ld. Commissioner of Income Tax (Appeals) has also ignored the fact that Hon'ble Apex Court has accepted the SLP but not granted any stay against the order of Hon'ble Allahabad High Court. 3. Because the Ld. Commissioner of Income Tax (Appeals) erred both in law and on facts in dismissing the appeal of the appellant whereas the main ground in the appeal before Learned CIT (Appeal) was that the assessing officer has as....

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....o the assessee. In compliance to these notices the AR of the assessee attended the proceedings from time to time and furnished the required details / explanation. The books of account were produced and examined on test check basis. Thereafter, the AO observed that as the issue of registration u/s 12A of the assessee as on date is sub-judice before the appellate authorities, therefore the submission of the assessee is not acceptable. As on date, the assessee has no registration u/s 12A of the I.T. Act, 1961. Therefore, the assessee is not eligible for exemption u/s 11 of the I.T. Act,. 1961 and all the surplus income over the expenditure are taxable under the normal provisions of I.T. Act, 1961. Accordingly, the AO held that as pr the Income....

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....d upon the orders passed by the Revenue Authorities. Mr. Rana, stated that the issue involved in the present Appeal is exactly similar to the issue involved in the case of Jammu Development Authority vs. UOI (2014-TIOL-115-SC-IT) which has been decided in favour of the Revenue by the Hon'ble Supreme Court of India. Therefore, he requested that following the aforesaid precedent, the Appeal of the Assessee may be dismissed. For the sake of convenience, he filed the copy of the decision of the Hon'ble Supreme Court of India in the case of Jammu Development Authority vs. UOI (2014-TIOL-115-SCIT). 6. We have heard the Ld. DR and perused the records, especially the orders passed by the revenue authorities as well as relevant record, we are of ....