9911796707
TMI Blog2019 (12) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... 03/2016 relevant to the Assessment Year 2012-2013. The assessee has raised the following grounds of appeal. 1. Ld. CIT erred in law and on facts invoking provisions of sec. 263 of the Act seeking to revise order passed u/s 143 (3) of the Act holding it as erroneous & prejudicial to the interest of revenue. The order of CIT directing AO.to make denovo assessment in the case of the appellant is unjust, untenable & against principles of Natural Justice. 2. Ld. CIT erred in law and on facts directing AO to frame fresh assessment by setting aside scrutiny assessment order granting adjustment of excess of expenditure against income of succeeding years is erroneous & unlawful. 3. Ld. CIT erred in law and on facts to hold the assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order as erroneous and prejudicial to the interest of revenue by issuing show cause notice to the assessee vide letter dated 2 March 2017. 4. However, the learned AR for the assessee at the time of hearing before us submitted that the assessment order framed by the AO under section 143(3) of the Act dated 16 March 2015 has been set aside by this tribunal to the AO for fresh adjudication in accordance with the law vide ITA No. 1422/AHD/2017 order dated 9 October 2017. 4.1 Accordingly, the learned AR before us claimed that the order framed under section 263 of the Act holding the assessment order as erroneous insofar prejudicial to the interest of revenue becomes infructuous. 5. On the other hand, the learned DR agreed with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature of trade, commerce or business and consequently holding that the proviso to section 2(15) of the Act shall be applicable and therefore, the assessee is not entitled to exemption under section 11 of the Act. For the reasons stated above, it is held that the proviso to section 2(15) of the Act shall not be applicable so far as the assessee-AUDA is concerned and as the activities of the assessee can be said to be providing general public utility services, the assessee is entitle to exemption under section 11 of the Act. Both the questions are therefore, answered in favour of the assessee and against the Revenue. In view of the above and for the reasons stated above, the impugned order passed by the learned Tribunal in respective ..... X X X X Extracts X X X X X X X X Extracts X X X X
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