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2021 (4) TMI 218 - ITAT AHMEDABADRevision u/s 263 - denying deduction under sections 11 and 12 - Second round of assessment - HELD THAT:- The impugned assessment order dated 27.3.2017 has been passed on the basis of 263 order of the CIT. That order no more available, hence there are no leg to stand i.e. for second assessment order dated 27.3.2017. If that be so, the subsequent proceedings become redundant. It is also pertinent to note that while deciding the appeal against the regular assessment order dated 16.3.2015, the Tribunal has already observed that this assessment order was passed by denying deduction under sections 11 and 2 of the Act, because, the AO has held that second proviso to section 2(15) is applicable in the case of the assessee and its activities are not of charitable nature. This reasoning did not meet the approval of the ITAT [2016 (5) TMI 1026 - ITAT AHMEDABAD] on the ground that Hon'ble Gujarat High Court has reversed earlier view of the Tribunal and held that the assessee is entitled for the benefit under section 11 and 12 of the Act. The decision of Hon'ble Gujarat High Court is reported [2017 (5) TMI 1468 - GUJARAT HIGH COURT]. The Tribunal has already given direction for passing a fresh assessment order treating the assessee as a charitable institution. Thus, the original assessment order was set aside by the Tribunal, and therefore, no 263 proceedings could be sustained. Appeals of the Revenue are dismissed.
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