9911796707
TMI Blog2024 (10) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... er years, the co-ordinate Bench has restored the appeals of the assessee to the file of the AO to decide in accordance with the decision of Hon'ble Supreme Court in case of Ahmed Urban Development Authority [ 2022 (10) TMI 948 - SUPREME COURT ]. In the stated proceedings, the learned Authorized Representative has accepted the claim of the assessee and for all these years assessed it at the return of income. Subsequently for A.Y. 2016-17, 2017-18 and 2022-23, also the earlier years were passed after scrutinizing the case of the assessee and benefit of section 11 and 12 of the Act, was allowed. Therefore, for this year, the appeal of the Revenue does not stand on strong footing for the reason that the AO in series of the assessment orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Whether, on the facts and in the circumstances of the case and in law, the Ld. CTT(A) erred in ignoring the fact that even if the activities of assessee are considered charitable, such activities will fall in the category of advancement of any other object of general public utility only hence applicability of proviso to section 2(15) should have been examined as the same result into denial of exemption u/s 11 of the I.T. Act. 3. Whether on the facts and circumstances of the case and in law and in light of the law laid down by Hon'ble Supreme Court in Civil Appeal No. 21762 of 2017 in various batch of appeal and SLP's (lead case ACIT (Exemptions) Vs. Ahmedabad Urban Development Authority [2022] 143 taxmnn.com 278(SC)), the Ld.CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ming it to be an autonomous research and development institute under the control of department of Information Technology, Ministry of Communication and Information Technology. It carries research in the field of linear oscillator radar based instrumentation, etc. Therefore, the learned Assessing Officer noted that the assessee is engaged in research and development in scientific field. Thus, the claim of the assessee of exemption under Section 11 of the Act is not available. The learned Assessing Officer was of the view that merely registration under Section 12A of the Act does not entitle the assessee the benefits of section 11 of the Act unless the assessee fulfills those conditions. He also rejected the claim of the assessee that in earl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act and claim of exemption under Section 11 and 12 allowed to the assessee in earlier years. It was further stated that even otherwise the surplus generated by the assessee are not commercial activity. The assessee explained the various projects undertaken by it. Thus, relying on the decision of the Hon'ble Delhi High Court in case of India Trade Promotion organization vs. DGIT Investigation dated 22nd January, 2015, submitted that the assessee is eligible for the benefit. The learned Assessing Officer rejected the contention of the assessee and stated that the benefit granted in earlier year does not mean that for this year the claim of the assessee cannot be examined. It was held that the objections of the assessee are nothing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vember, 2022, restore the orders of the learned CIT (A) to the file of the learned Assessing Officer for examination in accordance with the decision of Hon'ble Supreme Court in case of Ahmedabad Urban development authority. The learned Assessing Officer passed the order for both the years on 2nd February, 2024, under Section 143(3) read with section 254 of the Act read with section 144B of the Act on 25th March, 2024 26th March, 2024, and 27th March, 2024, wherein the case of the assessee is accepted and the return of income filed by the assessee was accepted. It was further stated that assessment year passed for A.Y. 2016-17 on 27th march, 2024, for A.Y. 2017-18 on 26th March, 2024 and for A.Y. 2022-23, under Section 143(3) read with s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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