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TMI Blog2018 (8) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... cond proviso to section 2(15) of the Act and thus not entitled to exemption u/s. 11 and 12 as per provisions of section 13(8) of the Act? - Held that:- as the issues involved in the present Tax Appeal/s are now not res integra and since the decision of the Division Bench of this Court is against the Department, in view of the aforesaid decision, in the case of the very assessee but with respect to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee and in restoring the issues to the file of the AO for re-adjudication with direction to follow the judgment of the Hon'ble High Court in the earlier years particularly when SLP has been filed in the earlier years which are pending before the Supreme Court? [B] Whether on the facts and in the circumstances of the case in law, the Appellate Tribunal justified in not appreciating that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding the order of the CIT(A) in directing the Assessing Officer to consider the receipts shown under capital receipts (general), capital receipts (drainage), capital receipts (EWS), capital receipt (water supply), capital receipt (township), Capital receipt (Vambay), funds received from Gujarat Municipal Finance Board, funds from Ministry of Urban Development and premium on lease sale of plots/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ier Division Bench of this Court adjourned the present Appeal/s to 1st AUGUST, 2018 with the observation that if by then, there is no possibility of the judgment of the Supreme Court being available in the near future, the Court might consider the question/s followed in the judgment, in the case of the very assessee / aforesaid decision. 5. In view of the above, and considering the observations m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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