9911796707
TMI Blog2017 (1) TMI 1587X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(Exemption) has granted registration certificate u/s 12AA of the Act vide its order dated 16th November, 2016. It is also important to note that the registration was granted w.e.f. 01.04.2009. In view of the above we find that the assessment order has been passed by the AO without considering the fact that the assessee is entitled for exemption u/s 11 of the Act as this fact has not been considered by the AO at the time of assessment. We are inclined to restore this ground of appeal to the AO for fresh adjudication - ITA No.1328/Kol/2012 & 500/Kol/2016 - - - Dated:- 11-1-2017 - Hon ble Shri Waseem Ahmed, AM Shri S.S.Viswanethra Ravi, JM For the Appellant : Dr.Samir Chakraborty, Shri Arnav Chakraborty, Abhijit Biswas, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me tax Act. 4. The facts in brief are that the assessee in the present case is constituted u/s 11 of the West Bengal Town and Country (Planning and Development) Act, 1979 under the Govt. of West Bengal and engaged in the development activities. The ld. AR at the outset, before us submitted that the income of the assessee is not taxable in terms of Article 289 of the Constitution of India. The income of the assessee is actually the income of the state and therefore it is entitled for exemption from Union tax in terms of clause 3 of Article 289 of the Constitution of India. The ld. AR further submitted that similar issue arose in A.Yrs. 2004-05, 2006-07 and 2007-08 in ITA Nos. 1195,1996 and 1197/Kol/2007 dated 14.08.2015 wherein the Co-ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee in the paper book. Respectfully following the same we are inclined to restore this ground to the file of AO for fresh adjudication as per law. Hence, this ground of appeal of the assessee is allowed for statistical purposes. 6. The additional ground raised by the assessee is that the ld. CIT(A) erred in holding that the provision of section 11 of the Act are not applicable to the assessee as it is not registered u/s 12A of the Act. 7. At the outset we find that the assessment was completed for the year under consideration on 29.12.2011 on the presumption that the assessee is not entitled for exemption u/s 11 of the Act. However, on perusal of the records we find that the ld. CIT(Exemption) has granted registration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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