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2017 (1) TMI 1587 - AT - Income TaxEntitlement to exemption from Union tax - whether the income of the assessee is taxable under the Income tax Act? - constitution of assessee u/s 11 of the West Bengal Town and Country (Planning and Development) Act, 1979 under the Govt. of West Bengal and engaged in the development activities - Held that:- As in A.Yrs. 2004-05, 2006-07 and 2007-08 for assessee's own case herein [2015 (8) TMI 1443 - ITAT KOLKATA] the Co-ordinate Bench remanded similar issue to the file of AO for fresh adjudication as per law Exemption u/s 11 - assessee as not registered u/s 12A - Held that:- On perusal of the records we find that the ld. CIT(Exemption) has granted registration certificate u/s 12AA of the Act vide its order dated 16th November, 2016. It is also important to note that the registration was granted w.e.f. 01.04.2009. In view of the above we find that the assessment order has been passed by the AO without considering the fact that the assessee is entitled for exemption u/s 11 of the Act as this fact has not been considered by the AO at the time of assessment. We are inclined to restore this ground of appeal to the AO for fresh adjudication
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