9911796707
TMI Blog2023 (12) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... ard-2(5), Dehradun, (hereinafter referred to as the 'Ld. ITO') u/s 147/143(3) of the Income Tax Act (hereinafter referred to as 'the Act') on 25.02.2015 for the Assessment Year 2011-12. 2. The Assessee has raised the following grounds of appeal: 1. That, the ld. CIT(A) erred in holding that the appellant corporation was not set up by a central, state or provisional act for the welfare and economic upliftment of ex serviceman being the citizen of India as required u/s 10(2688) of the Income Tax Act, 1961. 2. That, Ld. CIT(A) and Ld Assessing Officer erred in holding that the appellant was not established by the a central, state or provisional act, both the Ld. A.O, and the CIT(A) erred in justifying that: a. That Uttarakhand Purv Sain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome. 7. The appellant craves to amend, leave to add, alter, delete, modify or substitute any of the grounds urged above. 8. Detailed written submission and statements of facts shall be filed at the time of hearing of the appeal. 9. In the view of the above and other grounds that may be urged at the time of the hearing of the appeal, the appellant prays that the appeal may be allowed in the interest of justice and equity." 3. The Assessee has also raised the Additional Grounds of appeal vide letter dated 23.11.2021. "10. That on facts and circumstances of the case the return was not processed thus, relevant re- assessment is bad in law. Notice issued u/s 143(2) dated 04.02.2015 was also bad in law as the same was issued on the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. 5. The assessee corporation was formulated by the State through a ratified Government Order, towards meeting the objective of rehabilitation of ex-servicemen in the State of Uttarakhand, in lieu of which the assessee corporation has been claiming exemption u/s 10(26BBB) of the Act, like 7 other corporations set up by the respective States in India. 6. The assessee in the aforesaid appeals had primarily challenged the validity of reassessment proceedings by way of Additional Grounds. The Additional Grounds raised by the assessee go to the root of the matter and being legal issues, the Bench, by following the decision of Hon'ble Supreme Court in the case of NTPC Ltd reported in 229 ITR 383 (SC) is inclined to admit those Additional Grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 148 by an Assessing Officer, who is below the rank of Joint Commissioner, unless the Joint Commissioner is satisfied, on the reasons recorded by such Assessing Officer that it is a fit case for the issue of such notice. (3) For the purposes of sub-section (1) and sub-section (2), the Principal Chief Commissioner or the Chief Commissioner or the Principal Commissioner or the Commissioner the Joint Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue such notice himself." 8. In view of the aforesaid explicit provision of the Act, we find that prior sanction of approval u/s 151 of the Act from the competent au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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