TMI Blog2019 (7) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the activities of AUDA are at par with the activities of the Gujarat Housing Board. The view taken is that the activities of the assessee are covered under Section 2(15). The endeavour on the part of Ms. Bhatt, the learned senior standing counsel appearing for the Revenue is to bring the case within the proviso. The submission of Ms.Bhatt is that the Gujarat Housing Board might be constructing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - - Dated:- 25-6-2019 - MR J. B. PARDIWALA AND MR A. C. RAO, JJ. For The Appellant (s) : MRS MAUNA M BHATT (174) For The Opponent (s) : None ORAL ORDER ( PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This Tax Appeal under Section 260-A of the Income Tax Act, 1961 (for short the Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al filed by the Revenue against the order passed by the CIT(A) placed strong reliance on a decision of this Court in the case of Ahmedabad Urban Development Authority vs. PCIT (Exemption) in ITA No.423 to 425 of 2016 dated 02.05.2017 and CIT vs. Gujarat Industrial Development Corporation reported in (2017) 83 taxmann.com 366 (Gujarat) . The two decisions of this Court referred to and relied upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted by Ms.Bhatt seems to have been taken care of by the decision of this Court. 4. It also appears that with respect to Gujarat Housing Board itself on the very same proposed question of law, a coordinate Bench of this Court dismissed the appeal relying on the decision of this Court in the matter of AUDA. It is brought to our notice that the issue is now pending before the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terfere with the impugned order of remand. On the basis of the material on record, which may be before the learned Assessing Officer, the Assessing Officer may consider the applicability of the aforesaid two decisions vis-a-vis the activities being carried out by the assessee. Under the circumstances, present Tax Appeal deserves to be dismissed and is accordingly dismissed. 5. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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