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2018 (1) TMI 1511

..... essee had made its first submission before the ld. CIT(A) along with paper books. The ld. CIT(A) has called a remand report from the assessing officer and after considering the remand report and submission of the assessee stated that it has rightly been held by the assessing officer in the assessment order as well as in the remand report that the case of the assessee is squarely covered by the proviso to section 2 sub-section 15 of the act. In the case of Ahmedabad Urban Development Authority [2017 (5) TMI 1468 - GUJARAT HIGH COURT] the assessee society was constituted under Gujarat Town Planning and Urban Development Act, 1976 to undertake preparation and execution of town planning scheme and to execute works in connection with supply of w .....

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..... facts and circumstances of the appellant's case, the Ld. CIT(A) has erred in not holding that the order passed by the A.O. u/s. 144 of the I. T. Act is bad in law and liable to be quashed. 2. In law and in the facts and circumstances of the appellant's case, the learned CIT(A) has grossly erred in upholding the learned Assessing Officer's action (in the assessment order passed u/s. 144 impugned before him) of denying exemption to the appellant's income u/s. 11 of the Income-tax Act, 1961 as claimed in the appellant's return, on the ground that the appellant's case attracted the First Proviso to Section 2(15) and in turn, sub-section (8) of Section 13. 3. Without prejudice to the above, in law and in the facts and ci .....

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..... of the act stating that no evidence has been provided by the assessee to substantiate the claim for the purpose of trust, therefore, assessing officer has not allowed the exemption u/s. 11(1)(a) and section 11(2) of the act. 4. Dissatisfied with order of the assessing officer, the assessee has preferred appeal before the ld. CIT(A). During the course of appellate proceedings before the ld. CIT(A), the assessee has furnished the details first time vide letter dated 16th September, 2014 along with paper books. Thereafter, the ld. CIT(A) has called remand report from the assessing officer. The assessing officer has reported in interim remand report that all the notices were duly served on the assessee within due time and the assessee has not .....

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..... s per the Gujarat Housing Board Act which provided accommodation for any class of inhabitant in the scheme like HIG (Higher Income Group), MIG (Middle Income Group), LIG (Lower Income Group) and EWS (Economically Weaker Section). The ld. CIT(A) has also placed reliance on a number of judicial pronouncements and stated that findings of these judicial pronouncements are squarely applicable to Gujarat Housing Board as per the nature of activity undertaken by the Gujarat Housing Board. The ld. CIT(A) after taking into consideration the facts as reported in his detailed findings and facts reported in remand report of the assessing officer after considering the submission of the assessee has sustained the addition to the extent of ₹ 12,83,3 .....

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..... CIT(A) along with paper books. The ld. CIT(A) has called a remand report from the assessing officer and after considering the remand report and submission of the assessee stated that it has rightly been held by the assessing officer in the assessment order as well as in the remand report that the case of the assessee is squarely covered by the proviso to section 2 sub-section 15 of the act. We further observed that ld. CIT(A) has placed reliance on a number of judicial pronouncements by stating that findings of those judicial pronouncements are squarely applicable to the facts and activities carried out by the assessee. In this connection, we find that while deciding the impugned issue, the ld. CIT(A) has placed reliance on the following j .....

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..... above cited judicial pronouncements of the jurisdictional high court, subsequently to the order of the ld. CIT(A), it is imperative to examine the actuality of the operations of the assessee, and opposite material and records etc. in the light of the principals laid down in judicial pronouncements. We observed that above exercise required thorough examination of primary level record material and activities performed by the assessee accordingly as per our considered opinion it will be more appropriate to restore the impugned issue to the file of the assessing officer to conclude the same de-novo after keeping in view the equity and objectivity of the case. We are of the view that restoring this case to the Ld. CIT(A) instead of assessing off .....

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