TMI Blog2019 (1) TMI 1890X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO while giving effect to order of the Tribunal. The issues agitated in the CO are no more relevant and no specific finding is required to be recorded in the present proceedings. All these things should be taken care of by the AO while passing fresh assessment order in pursuance of the Tribunal s order in the appeal of the assessee. Status of the assessee has been changed. It is to be treated as a charitable institution and its income is accordingly to be determined. Thus, no fresh directions are required to be issued to the AO, more so, the issues agitated in the CO are being not arisen from the assessment order. Hence, there is no force in the grounds taken in the CO. Cross Objection of the Revenue is dismissed. - Cross Objection No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. iii. The exemptions claimed by the Assessee u/s 11 of the Act be disallowed in view of Section 13(l)(d) of the Act, since the respondent Assessee has violated the provisions of Section 11(5). I. The Appellant prays that the above grounds be admitted in view of the ratio laid down by the Full Bench of Hon'ble Mumbai High Court in the case of Ahmedabad Electricity Co. Ltd vs CIT, 199 ITR 351. II. The Appellant also seeks reliance upon decision of ITAT, Madras in the case of ACIT vs Amarnath Reddy 126 ITD 113 and set aside the Assessment to the files of the A.O for the issue to be re-examined. III. The Appellant also prays to draw attention of the Hon'ble ITAT to the ratio laid down by the Hon'ble Apex Court in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CO. We find that the Tribunal has allowed appeal of the assessee and held that it is to be treated as charitable institution, which is entitled for exemption under sections 11 and 12. Its income has to be determined accordingly. Finding recorded by the Tribunal while adjudicating the appeal of both the parties read as under: 7. We have considered the rival submissions. The core issue in controversy is correctness of applicability of proviso to s.2(1t) in due facts of the case. We find that the identical issue arose in assessee's own ITA Nos.2700/Ahd/16 427/Ahd/17 (by Assessee) ITA Nos.2738/Ahd/16 544/Ahd/17 (By Revenue) GIDC vs. DCIT/ACIT Asst.Years - 2012-13 2013-14 case in the preceding three assessment years. We find that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee was not involved in the activities in the spirit of commercial accommodation and therefore falls within the ambit of definition of 'charitable purpose' contemplated under s.2(15) of the Act. In view of ITA Nos.2700/Ahd/16 427/Ahd/17 (by Assessee) ITA Nos.2738/Ahd/16 544/Ahd/17 (By Revenue) GIDC vs. DCIT/ACIT Asst.Years - 2012-13 2013-14 the foregoing, we find that the relief sought by the assessee to the extent that the activities carried on by the assessee should be recognized to be of charitable nature requires to be endorsed. However, all other issues raised in the respective appeals of the assessee and revenue would require re-examination in the light of conclusion drawn in favour of assessee towards applicability ..... X X X X Extracts X X X X X X X X Extracts X X X X
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