COMMISSIONER OF INCOME TAX(EXEMPTIONS) vs. GUJARAT HOUSING BOARD(GHB)

C/TAXAP/752/2018 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 752 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE A.Y. KOGJE

====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? ====================================== COMMISSIONER OF INCOME TAX(EXEMPTIONS) Versus GUJARAT HOUSING BOARD(GHB) ====================================== Appearance: MRS MAUNA M BHATT(174) for the APPELLANT(s) No. 1 for the RESPONDENT(s) No. 1 ====================================== CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 02/07/2018

ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) Page 1 of 3

C/TAXAP/752/2018 JUDGMENT [1.0] Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal Ahmedabad “C” Bench (hereinafter referred to as “the learned Tribunal”) dated 23/01/2018 in ITA No.1224/Ahd/2016 for the Assessment Year 2011-12, revenue has preferred the present Tax Appeal with the following proposed question of law; (A) Whether, on the facts and in the circumstances of the case, and in law, the Appellate Tribunal is justified in setting aside the issue of deduction /exemptions u/s. 11 & 12 of the Act in view of the applicability of Section 2(15) of the Act in instead of upholding the decision of AO on merits without considering the fact that sufficient opportunities were given to the assessee during assessment proceedings? (B) Whether, on the facts and in the circumstances of the case, and in law, the Appellate Tribunal is justified in setting aside the issue of deduction /exemptions u/s.11 & 12 of the Act in view of orders of Hon’ble High Court of Gujarat in the case of Ahmedabad Urban Development Authority Vs. ACIT(Exemption) & CIT Vs Gujarat Industrial Development Corporation, ignoring the fact that these judgments have not been accepted by the Department and SLPs have been filed before Hon’ble Supreme Court? Page 2 of 3

C/TAXAP/752/2018 JUDGMENT [2.0] Heard Mrs. Mauna Bhatt, learned Advocate appearing on behalf of the revenue. At the outset, it is required to be noted that as such by the impugned order and after having noted the decisions of this Court in the case of Ahmedabad Urban Development Authority Vs. ACIT (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), learned Tribunal has restored the issue to the file of the Assessing Officer to conclude the issue de novo. No question of law arises. We do not propose to interfere 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. (M.R. SHAH, J.) (A.Y. KOGJE, J.) siji Page 3 of 3