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2018 (7) TMI 2147

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..... ncome Tax (Exemption) Vs. Improvement Trust, Moga [ 2017 (1) TMI 53 - PUNJAB AND HARYANA HIGH COURT ] where the similar issues have been decided against the revenue and in favour of the assessee. - ITA No. 74 of 2018 - - - Dated:- 11-7-2018 - HON BLE MR. JUSTICE AJAY KUMAR MITTAL AND HON BLE MR. JUSTICE AVNEESH JHINGAN For the Appellant : Mr. Denesh Goyal, Senior Standing Counsel ORDER Ajay Kumar Mittal, J. 1. The appellant-revenue has filed the instant appeal under Section 260A of the Income Tax Act, 1961 (in short, the Act ) against the order dated 13.07.2017, Annexure A.3, passed by the Income Tax Appellate Tribunal, Chandigarh Bench (in short, the Tribunal ) in I.T.A. No.120/CHD/2017, for the assessment year .....

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..... tivities? (vi) Whether on the facts and in the circumstances of the case, the order of the Appellant Tribunal is contrary to the evidence and material on the record of the case and therefore, perverse? (vii) Whether on the facts and in the circumstances of the case, the order of the Hon ble ITAT is suffering from non-application of mind and is unreasonable and arbitrary? 2. A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The respondent-assessee trust is an authority formed by the Government of Punjab for the purpose of planning, development and improvement of District Patiala. It filed its return of income declaring nil income after claiming exemption under Section 11 of .....

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..... (Exemption) Vs. M/s Improvement Trust, Moga in ITA No.147 of 2016. Vide order dated 13.07.2017, Annexure A.3, the Tribunal dismissed the appeal filed by the revenue. Hence the instant appeal by the appellant-revenue. 3. We have heard learned counsel for the appellant-revenue. 4. At the outset, learned counsel for the appellant-revenue did not dispute that the issues raised in this appeal are covered by the decision of this Court in The Tribune Trust Vs. Commissioner of Income Tax and another and Commissioner of Income Tax (Exemption) Vs. Improvement Trust, Moga [2017] 390 ITR 547 where the similar issues have been decided against the revenue and in favour of the assessee. 5. Accordingly, the appeal stands dismissed. - - TaxTMI .....

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