DCIT, BANGALORE vs. M/S BANGALORE DEVELOPMENT AUTHORITY, BANGALORE

At the outset, it was noticed that the impugned order passed by Ld CIT(A) was against the rectification order passed by the AO u/s 154 of the Act. It was noticed that the assessing officer had passed the original assessment order u/s 143(3) of the Act, wherein he had denied exemption claimed by the assessee u/s 11 of the Act.

It was further noticed that the matter relating to denial of exemption claimed by the assessee u/s 11 of the Act was carried to the ITAT and the Tribunal, vide its order dated 03-05-2019 passed in has held that the assessee is eligible for exemption u/s 11 of the Act. In view of the above said order passed by the Tribunal, the manner of computation of income would change drastically. Under these set of facts, we are of the view that the issues contested before us need to be set aside to the file of the AO for examining afresh, since the assessee is held to be eligible for exemption under sec.11 of the Act..

When these facts were put to the notice of both the parties, both of them agreed that the issues contested in this appeal may be restored to the file of the AO. Accordingly, we set aside the order passed by Ld CIT(A) and restore all the issues to the file of the AO for examining them afresh in accordance with the provisions applicable to charitable institutions.

In the result, the appeal of the revenue is treated as allowed for statistical purposes. Order pronounced in the Open Court on 20th September, 2019.