TMI Blog2017 (4) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d return of income for A.Y. 2007-08 showing income as NIL and showing status of AOP trust . The return was processed under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act for short). The case was selected for scrutiny assessment. That the assessment under section 143(3) of the Act came to be completed on 6/10/2009. That subsequently, assessment for the A.Y. 2007-08 came to be reopened and notice under section 148 of the Act came to be issued on 27/2/2012. The assessment was sought to be reopened for the following reasons :- In the case of the assessee, the property of the assessee was also not held under a Trust . No such trust deed has been executed in terms of Bombay Public Trust Act setting out i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee, the assessee preferred appeal before the learned CIT(A) and the learned CIT(A) allowed the said appeal and set aside the order of assessment passed by the A.O. denying exemption under section 11(1)(a) of the Act as claimed by the assessee on the ground that the assessee has duly been granted registration under section 12AA of the Act as well as also on the ground that the issue with respect to exemption under section 11(1)(a) of the Act has been held in favour of the assessee for the A.Ys. 2006-07 and 2009-10. The learned CIT(A) also held reassessment proceedings bad in law, as according to the learned CIT(A) it was a change of opinion of the subsequent A.O. and therefore, reopening was not permissible. 2.04. Feeling ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in (2016) 76 Taxmann.com 312 (Gujarat). 3.02. Mrs.Bhatt, learned counsel appearing on behalf of the revenue has further submitted that as it was found that that the assessee was only a charitable institute (AOP) and therefore, was not entitled to exemption under section 11(1) (a) of the Act and therefore the A.O. was justified in reopening the assessment for the A.Y. 2007-08. 3.03. Mrs.Bhatt, learned counsel appearing on behalf of the revenue has further submitted that the A.O. did not consider the fact that the assessee being a charitable institute (AOP) was not entitled to exemption under section 11(1)(a) of the Act. It is submitted that therefore, irregular exemption / deduction due to incorrect status adopted, resulted in undera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-10 is at large before the High Court and therefore, the issue has not attained finality. However, there is no material on record that any appeal before the High Court is pending before this Court. The learned counsel appearing on behalf of the appellant is not in a position to point out any appeal is pending before this Court for the A.Ys. 2006-07 and 2009-10. 4.02. The learned counsel appearing on behalf of the revenue is also 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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