TMI Blog2019 (12) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... nd therefore, the assessee is not entitled to exemption under section 11 - proviso to section 2(15) of the Act shall not be applicable so far as the assessee-AUDA is concerned and as the activities of the assessee can be said to be providing general public utility services, the assessee is entitle to exemption under section 11 of the Act. Both the questions are therefore, answered in favour of the assessee and against the Revenue. Impugned order passed by the Tribunal in respective appeals for differ assessment year are hereby quashed and set aside. Accordingly, all these appeals are allowed and answered both the questions in favour of assessee and against the Revenue. The issue involved in the order of learned CIT under section 263 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment by setting aside scrutiny assessment order granting adjustment of excess of expenditure against income of succeeding years is erroneous unlawful. 3. Ld. CIT erred in law and on facts to hold the assessment order erroneous prejudicial to the interest of revenue ignoring binding Jurisdictional High Court as well CBDT Circular but opting to follow decision of Delhi ITAT. The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of the appeal. 2. The only issue raised by the assessee is that the learned CIT erred in holding the assessment framed under section 143(3) of the Act as erroneous insofar prejudicial to the interest of rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R before us claimed that the order framed under section 263 of the Act holding the assessment order as erroneous insofar prejudicial to the interest of revenue becomes infructuous. 5. On the other hand, the learned DR agreed with the contention of the learned AR for the assessee. 6. We have heard the rival contentions of both the parties and perused the materials available on record. Admittedly, the assessment order framed under section 143(3) of the Act dated 16 March 2015 has been set aside to the file of the AO for re-adjudication as per the provisions of law as submitted by the learned AR for the assessee as discussed above. The relevant extract of the order is reproduced as under: 4. We have duly considered rival contentions a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 11 of the Act. Both the questions are therefore, answered in favour of the assessee and against the Revenue. In view of the above and for the reasons stated above, the impugned order passed by the learned Tribunal in respective appeals for differ assessment year are hereby quashed and set aside. Accordingly, all these appeals are allowed and answered both the questions in favour of assessee and against the Revenue. Respectfully following decision of the Hon'ble jurisdictional High Court, we allow these appeals of the assessee and set aside orders of the Revenue authorities below. We restore all these issues to the file of the AO for re-adjudication in accordance with law. The Id.AO shall keep in mind the judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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