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2017 (4) TMI 666 - HC - Income TaxEligibility to exemption under section 11(1)(a) - Held that:- The revenue is not in a position to point out that there is any change in the constitution of the assessee. It is required to be noted that in the present case the dispute is with respect to A.Y. 2007-08. For the earlier assessment year i.e. A.Y. 2006-07 and even subsequent assessment year i.e. A.Y. 2009-10, the assessee has been allowed exemption under section 11(1)(a) of the Act. Under the circumstances, it cannot be said that the learned tribunal has committed any error in deleting disallowance made by the A.O. on the exemption claimed by the assessee under section 11(1)(a) of the Act. Now, so far as the submission on behalf of the revenue relying upon the decision of the Division Bench of this Court in the case of Gujarat State Board of School Textbooks (2016 (11) TMI 71 - GUJARAT HIGH COURT) that the registration under section 12AA of the Act and exemption under section 11 of the Act both are distinct and different and/or separate and therefore, the learned tribunal has materially erred in observing that as the assessee is already granted registration under section 12AA of the Act and therefore, is entitled to the exemption under section 11 of the Act is concerned, it is required to be noted that the impugned judgement and order passed by the learned tribunal is not solely based upon the aforesaid finding. As observed hereinabove, previously for the A.Ys. 2006-07 and 2009-10 in the case of the very assessee exemption under section 11(1)(a) of the Act has been granted pursuant to the order passed by the learned ITAT. Under the circumstances, keeping the aforesaid question open present appeal deserves to be dismissed.
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