TMI Blog2017 (3) TMI 1793X X X X Extracts X X X X X X X X Extracts X X X X ..... ase wherein there is clear cut stipulation that assessee s income before or after dissolution would in no manner devolve upon its member. It is accordingly concluded that the assessee s principal object seeking to promote and develop, plan, survey, design , study, conceive, evaluate and to carry out all steps, process, techniques and method for setting and developing up of all types of infrastructure facilities comes well within general public utility limb of Section 2(15) of the Act. Learned DIT(E), Ahmedabad is directed to grant it Section 12AA registration in question - appeal of asssessee allowed. - ITA No. 186/Ahd/2014 - - - Dated:- 10-3-2017 - SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ieved. 4. We have heard both the parties reiterating their respective stands. Case file perused. We notice first of all that assessee s objects at page 14 of the paper book clearly stipulate that no portion of its income would be transferred; directly or indirectly, to its members by way of dividend, bonus or otherwise. It is further evident that the very page at the end contains assessee s dissolution clause stating that its assets or property would not be distributed amongst its members but the same shall be transferred or given to such other company having similar objects. All this makes it clear that neither the assessee s income or its assets before or after its dissolution are intended to be enjoyed by its members. Shri Diva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect clauses which form the foundation of Section 12AA registration claim are not on a similar footing as facts of the instant case wherein there is clear cut stipulation that assessee s income before or after dissolution would in no manner devolve upon its member. We thus distinguish the said case law as well. It is accordingly concluded that the assessee s principal object seeking to promote and develop, plan, survey, design , study, conceive, evaluate and to carry out all steps, process, techniques and method for setting and developing up of all types of infrastructure facilities comes well within general public utility limb of Section 2(15) of the Act. We accordingly accept assessee s sole substantive ground. Learned DIT(E), Ahmedabad is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
