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TMI Blog2019 (11) TMI 1672X X X X Extracts X X X X X X X X Extracts X X X X ..... SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER For the Revenue : Shri Mudit Nagpal, Sr. D.R. For the Assessee : Shri Mehul K. Patel, A.R. ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- These three appeals filed by assessee for A.Y. 2012-13 to 2014-15, arise from order of the CIT(A)-9, Ahmedabad dated 16-08-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short the Act . 2. As the facts in all the three appeals are similar, so, we take ITA No. 2438/Ahd/2017 assessment year 2012-13 as the lead case and its findings will also be applicable to the remaining ITA Nos. 2439 2440/Ahd/2017 for the sake of convenience. 3. The assessee has raised following ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 7th August, 2013. The assessee was incorporated to undertake the preparation of development plans, monitoring and control of development of town planning and carried out work in connection with supply for water and disposal of sewage and provisions for other services and activities for the benefit of public at large. The assesse has been granted registration u/s. 12AAA. During the course of assessment, the assessing officer observed that that the main objective of the assessee is contribution towards planned and controlled development for the entire urban development areas falls under the category of advancement of any other object of general public utility. Therefore, the assessee was show caused to explain why not exemption claimed u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15) of the act becomes applicable to the facts of the case of the assessee, therefore, its income was calculated as a normal business income and no deduction u/s. 11 and 12 were allowed to it. 4. Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has allowed the appeal of the assessee. 5. During the course of appellate proceedings before us, the ld. counsel has contended that Co-ordinate Bench of the ITAT Ahmedabad has adjudicated the identical issue on similar fact in the case of the assessee itself for assessment year 2011-12 Vide ITA No. 3621/Ahd/2015 dated 23- 07-2019 in favour of the assessee, after following the decision of Hon ble Jurisdictional High Court of Gujarat on identical issue and fact in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Vodadara Urban Development Authority Vs. ITO Vide ITA No. 2751/Ahd/2014 dated 28-01-2019 wherein the claim of the assessee has been allowed. Relevant part of decision of Co-ordinate Bench is reproduced as under:- 4. We have heard the respective parties, perused the relevant materials available on record. We find that in similar set of facts the Jurisdictional High Court passed the orders in the case of Urban Development Authority-vs-ACIT, where it was held as follows: Held, that the object and purpose of permitting the Authority to sell the plots to a maximum extent of 15% of the total area, was to meet the expenditure for providing infrastructural facilities like gardens, roads, lighting, water supply, drainage system, etc. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead with section 11, of the Income-tax Act, 1961 Charitable purpose (Objects of general public utility) Assessment year 2009-10 Whether where assessee corporation was constituted under Gujarat Industrial Development Act, 1962, for purpose of securing and assisting rapid and orderly establishment and organization of industrial areas and Industrial estates in State of Gujarat, and for purpose of establishing commercial centers in connection with establishment and organization of such industries it could not be said that activities carried out by assessee were either in nature of trade, commerce or business, for a Cess or Fee or any other consideration so as to attract proviso to section 2(15) and same could be said to be for charitabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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