Case Law Details
DCIT Vs National Health & Education Society (ITAt Mumbai)
CIT(A) relying upon the order of its predecessor in AY 2010-11 & 2011-12 allowed the appeal of the assessee on the premises that operation of the pharmacy shop was intrinsic to the activities of the assessee and not incidental and did not constitute business and therefore, the provisions of Section 11(4A) were not applicable. The Ld. CIT(A) also noted the observation of Hon’ble Bombay High court made in subsequent order dated 29/09/2014 in review petition filed by the assessee.
The revenue is unable to bring any contrary facts on record and distinguish the facts of earlier years with that of impugned AY. Therefore, in view of the binding judicial precedent in the shape of the order of co-ordinate bench of the Tribunal, taking same stand, we dismiss revenue’s appeal.
FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-
1. The captioned appeal by revenue for Assessment Year [AY] 2012-13 assails the order of the Ld. Commissioner of Income-Tax (Appeals)-1 [CIT(A)], Mumbai, Appeal No. CIT(A)-1/IT/E-II(164)/2014-15 dated 27/01/2016 qua relief provided to the assessee against pharmacy shop’s income in terms of Section 11(4A). The assessment for impugned AY was framed by Ld. Assistant Commissioner of Income Tax (Exemption)-2(1), Mumbai [AO] u/s 143(3) of the Income Tax Act, 1961 on 05/03/2015.
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