9911796707
TMI Blog2024 (11) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... he perusal of order further shows that the assessee has been allowed exemption u/s 11. The argument of Ld. CIT(A) recording principle of consistency and applicability of res judicata have been found to be correct. It is trite law that principle of res judicata do not apply to direct tax however the revenue cannot take different positions in different years if there is no change in the material facts. The assessment orders for AY s 2014-15 2015-16 show that the same fact of filing of ROI in ITR 6 was existing therein. The Ld.AO in AY-2014-15 chose to grant the assessee deduction u/s 11. This decision has become final and rather accepted by the revenue as nothing has been brought on records to suggest that the same was agitated through availa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The revenue has further agitated the issue of grant of depreciation on the premise that assets were bought out of government grants. 3.0 Brief factual matrix of the case is that the assessee trust had filed its return of income using ITR-6. The assessee is engaged in the activity of execution of common effluent treatment plants for leather industries situated in the state of Tamil Nadu. The assessee receives grants from GOI and contributions from promotors for the execution of said contract. During the course of scrutiny proceedings the assessee had requested the assessing officer of the exemption charge for transfer of its assessment proceedings to territorial assessing officer. Subsequently, the assessee resubmitted that assessment proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority qua merits of addition being alternative grounds were rejected as being infructuous. 4.0 The Ld. DR vehemently argued in favour of the order of the assessing officer supporting the line of arguments narrated in the assessment order. The Ld. AR argued in favour of the decision taken by the Ld. CIT(A). In support of its contentions it provided a copy of remand report dated 23.04.2024 and assessment order u/s 143(3) dated 28.12.2016 for AY-2014-15. Material available on records indicate that the assessee has been granted exemption u/s 11 for immediately preceding AY-2014-15 as is evident from order u/s 143(3) dated 28.12.2016. Perusal of para-3 thereof also alludes that same situation qua filing of ITR-6 and treatment of assessee as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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