CIT. v. Ghaziabad Development Authority (2022) 448 ITR 342 (All)(HC) CIT v. Aligarh Development Authority (2022)448 ITR 342 (All) (HC) CIT v. Haridwar Development Authority (2022)448 ITR 342 (All) (HC).Editorial: SLP of Revenue dismissed , CIT (E) v. Ghaziabad Development Authority (2023)454 ITR 803/ 293 Taxman 449 (SC)/Refer ( 2023) 293 Taxman 171 ( SC)

S. 11 : Property held for charitable purposes–Activities charitable in nature-Remanding matter-No substantial question of law. [S. 2(15), 12AA, 260A]

Dismissing the appeal of the Revenue the Court held that the Tribunal had remanded the matter to the Assessing Officer to examine the activity of the assessee and if it were found to be inconsonance with the objects, allow the benefit of exemption under section 11. Thus, the Tribunal has remanded the matter to the Assessing Officer to examine the activities of the assessee for allowing benefit of exemption under section 11 of the Act. The Assessing Officer had also been directed to adjudicate the issue of transfer of fund to infrastructure development fund in terms of the ratio laid down by co-ordinate benches of the Tribunal in the cases of Saharanpur Development Authority and Khurja Development Authority. No substantial question of law was involved in the order of the Tribunal. (AY.2012-13)