Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (11) TMI 793 - AT - Income TaxRevision u/s 263 - claim of exemption u/s. 11 & 12 - Revision based on the decision of Supreme Court in another case - allegation of violation as per proviso to the provision of section 2(15) - HELD THAT:- CIT(Exemption) while passing revision order has not at all examined the aspect of violation of the proviso to provision of section 2(15) of the Act and moreover the AO while framing assessment u/s. 143(3) of the Act has examined the claim of exemption u/s. 11 of the Act, as is evident from the above computation reproduced from the assessment order. We noted that the Hon’ble Supreme Court while delivering judgment in the case of Ahmedabad Urban Development Authority, [2022 (10) TMI 948 - SUPREME COURT] has elaborately laid down certain principles and legal position was interpreted vis-a-vis the claim of exemption u/s. 11 & 12 r.w.s. 2(15) of the Act. But subsequently vide order [2022 (11) TMI 255 - Supreme Court] it is clearly clarified that interpreting ‘charity’ under section 2(15) by holding that law declared in its judgment had to be understood in context that they were applicable for assessment years in question, however, future applications had to be understood in context for assessment years which were not called upon and accordingly law declared in said judgment would be applicable, as per facts of each such assessment year. Hence simply on the judgment of Hon’ble Supreme Court in the case of Ahmedabad Urban Development Authority, supra, the revision is not possible. We also noted from the revision order apart from that the CIT(Exemption) has not at all deliberated how the assessee has violated the proviso to the provision of section 2(15) of the Act and how the AO has not examined the issue. We could not find anything which proves that there is violation of the proviso to provision of section 2(15) of the Act. Hence, we quash the revision order and allow the appeal of assessee.
|