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Income Tax Appellate Tribunal, NAGPUR BENCH : NAGPUR
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK RIPOTE
ORDER PER SATBEER SINGH GODARA, J.M. :
This Revenue’s appeal, for assessment year 2013- 2014, arises against the CIT(A)-2, Nagpur’s order in case no.CIT(A)-2/10543/2018-19, dated 24.06.2020, involving proceedings u/s.143(3) r.w.s. 263 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
The Revenue raises the following substantive grounds in the instant appeal :
2 ITA.No.102/Nag./2020 1. “Whether on the facts and in the circumstances of the case and in law, the learned CIT(A), Nagpur was justified in holding that the receipt from referral income, interest income, rental income and receipts from the nursing college are allowable deduction u/s 8GIB(11C) of the Income Tax Act, 1961? 2. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A), Nagpur was justified in holding that the receipt from referral income, interest income, rental income and receipts from the nursing college were derived from the business of running the hospital in view of the Supreme Court decision in the case of M/s Liberty India-vs-CIT (SC) (2009) in civil appeal No. 5891 of 2009.
3. Any other ground that may be raised during the proceedings.”
Suffice to say, it emerges during the course of hearing that the instant appeal hardly requires us to delve deeper in the relevant factual matrix. This is for the precise reason that this is second round of proceedings between the parties u/sec.143(3) r.w.s. 263 of the Act as per PCIT-2’s revision directions dated 29.03.2018 terming the Assessing Officer’s first round sec.143(3) assessment dated 01.03.2016 as an erroneous one causing prejudice to the interest of the Revenue. The Assessing Officer thereafter framed his second