2017 (10) TMI 1665

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..... pellant : Mr. Vinay Kuthiala, Senior Advocate, with Mr. Diwan Singh Negi, Advocate. For the Respondent : Mr. Ajay Vaidya, Advocate. ORDER SANJAY KAROL, ACTING CHIEF JUSTICE (ORAL) Appeal came to be admitted on the following substantial questions of law: "1. Whether the assessee, being a Govt. Board carrying out purely regulatory functions on behalf of the State Govt., can be said to be an in .....

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..... Protection and Pollution Control Board vs. Chief Commissioner of Income Tax. (ii) ITA No. 19 of 2012, decided on 25.10.2016, titled as Commissioner of Income Tax, Shimla vs. Himachal Pradesh Road Transport Corporation. 3. Primarily, the issue pertains to the cancellation of exemption granted in favour of the assessee by the appropriate authority under the provisions of Section 12AA of the Inco .....

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..... to have been considered or discussed by the Tribunal/authorities below. Perusal of the order passed by the Appellate Authority demonstrates that there is no reasoning assigned as to on what basis it arrived at the conclusions mentioned in the order. 7. As such, we deem it appropriate to remand the matter back to the Commissioner of Income Tax for taking a fresh decision, after considering rival c .....

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