TMI Blog2015 (8) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... COURT] wherein held that the assessee could not claim exemption from Union Taxation under Article 289(1) of the Constitution of India nor it was possible to hold that the income derived by the assessee was the income of the State Government Thus observing that the circumstances were similar in the present cases, but he has not considered the above noted relevant statutory requirement s applicable in the case of assessee. We, therefore, set aside the order of ld. CIT(Appeals) for all the three years and restore the matter back to the file of Assessing Officer for de novo consideration of the entire issues - Decided in favour of assessee for statistical purposes. - I.T.A. Nos. 1195, 1196 & 1197/KOL/ 2011, I.T.A. Nos. 1008, 1009 & 1010/KO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur on 19.03.2009 and ld. CIT vide his order dated 10.09.2009 held that the activities and sources of income of the assessee were clearly relatable to trade, commerce or business or rendering any services in relation to t rade, commerce or business or for a cess, fee or other consideration, i rrespective of the nature of use or application or retention of income from such activity. Accordingly, the assessee was not entitled for registration under section 12A of the I.T. Act and the application was rejected. From the audited accounts furnished along with the application for regist ration under sect ion 12A, it was observed that the authority had generated substantial amount of surplus during the previous year relevant to assessment years 2005 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ining following documents:- (1) Copy of the West Bengal Town and Country (Planning Development) Act, 1979, (2) Copy of the memorandum dated 5t h June, 1962; (3) Copy of the Notification dated March 17, 1980; (4) Copy of the Notification dated December 02, 1980; (5) Copy of the Notification dated July 23, 1986; (6) Copy of the Notification dated March 27, 1980; (7) Copy of the Notification dated March 27, 1980; (8) Copy of the Notification dated April 02, 1980; (9) Copy of the Notification dated April 02, 1980; (10) Copy of the Notification dated April 02, 1980; (11) Copy of the Form 1 2 relating to application for assessment of Development charges; (12) Copy of the order dated December 26, 2012; ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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