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2015 (7) TMI 1115 - AT - Income TaxEligibility for exemption u/s 11 - registration u/s 12AA - non charitable activity - Held that:- It is not in dispute that the activity of the assessee was considered to be a general public utility and the DIT(E) has granted registration u/s 12AA of the Act. Therefore, for the year under consideration, the assessee is eligible for exemption u/s 11 subject to fulfillment of further conditions as laid down in sections 11,12 and 13 of the Act. Since the lower authorities have not considered the conditions laid down in sections 11, 12 & 13 of the Act, this Tribunal is of the considered opinion that the Assessing Officer has to reconsider the issue afresh. It is made clear that the first proviso to section 2(15) of the Act would be applicable from assessment year 2010-11, therefore, in view of the changing scenario, the eligibility of the assessee has to be examined by the Assessing Officer afresh from assessment year commencing from 2010-11. We are not expressing any opinion with regard to exemption for assessment year 2010-11. Suffice to say that subject to fulfillment of conditions of section1 11,12 & 13 of the Act, the assessee is eligible for exemption for assessment year 2009-10. Accordingly, the orders of the lower authorities are set aside and the entire issue is remitted back to the file of the Assessing Officer to reconsider the issue afresh in the light of the provisions of sections 11, 12 & 13 of the Act and thereafter decide the same in accordance with law after giving a reasonable opportunity of hearing to the assessee. - Decided in favour of assessee for statistical purposes.
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