TaxTMI 
TaxTMI 
2024 (7) TMI 1090
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....Sharad Joseph Kodanthara, Smt. Zainab Zebaibrahim P.M. JUDGMENT DR. A.K. JAYASANKARAN NAMBIAR, J. These appeals by the revenue impugn the common order dated 27.05.2019 of the Income Tax Appellate Tribunal, Cochin Bench in I.T.A. Nos. 255-261/Coch/2018, that was preferred by the respondent herein in relation to the assessments for the assessment years 2006-07 to 2012-13 under the IT Act. 2. The brief facts necessary for disposal of these appeals are as follows: The respondent-assessee is a Trust instituted in 1999 which was granted registration under Section 12A/12AA of the Income Tax Act ('the Act' for short) as early as in 2002. The Trust is engaged in running Medical/ Dental/ Engineering/ Ayurveda Colleges on self-financi....
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....led the returns of income within time during the various assessment years in question. The additions made by the assessing authority were also partly sustained, save for the assessment year 2008-09 where the additions made were completely deleted by the First Appellate Authority. It is not in dispute that there was no appeal filed by the revenue against the said deletion by the First Appellate Authority. 5. Against the orders of the First Appellate Authority, the assessee preferred further appeals before the Income Tax Appellate Tribunal. In the meanwhile, by its order dated 16.01.2018 in I.T.A No. 246/Coch/2014, the Appellate Tribunal had, in the appeal preferred against the orders of the authorities below, confirming the denial of exempt....
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....It is pointed out that in view of Circular No. 3 of 2018 issued by the Central Board of Direct Taxes, Government of India (Ministry of Finance-Department of Revenue), appeals cannot be maintained by the revenue before the High Court if the tax effect in the appeal does not exceed Rs. 50 lakhs. We have also been shown a subsequent Circular No. 17 of 2019 dated 08.08.2019, by which the monetary limit has since been enhanced to Rs. 1 crore. The judgment of the Supreme Court reported in Director of Income Tax, Circle v. S.R.M.B. Diary Farming (P) Ltd. [(2018) 400 ITR 9(SC)] clearly indicates that the circulars aforementioned would apply even to pending appeals by the revenue before this court and that the only caveat to be observed is that the ....
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....y the appellate tribunal, and accepted by the revenue, it follows that the assessee Trust is not liable to tax in respect of its income, including the additions made, that is stated to have accrued to it during the aforesaid assessment years. The questions of law raised by the revenue in I.T.A Nos. 27 and 31 of 2020 read as follows: I.T.A. No. 27 of 2020 (i) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was right in law in holding that as there was no seized material found during the search relating to collection of additional fees (capitation fees) for the asst. years 2006-07 to 2011-12, there cannot by any addition towards additional fees for those asst. years, without taking congnizance of the....
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.... fees for those asst. years, without taking congnizance of the seized material available for the asst. year 2012-13 which revealed collection of additional fees for the asst. year 2012-13 and the sworn statement of Shri. Shibu, Administrative officer and Executive Trustee? (ii) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was legally justified in holding that the assessing officer is to restrict the addition towards collection of additional fees (capitation fees) for the asst. year 2012-13 to the extent of seized material found during search, without appreciating the decisions of the Hon'ble Kerala High Court in the cases of Travancore Diagnostics P. Ltd. v. ACIT (390 ITR 167), CIT v. Hotel Meriya (....