CIT(E) v. Ahmedabad Urban Development Authority (2024) 301 Taxman 501 (Guj.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue –
Denial of exemption-Trust or institution-Investment restrictions-Jurisdictional High Court in favour of assessee when the Assessing Officer has passed the order-Revision order is quashed-Order of Tribunal is affirmed. [S. 2(15), 13(8) 143(3), 260A]

Assessee-trust filed its return of income and assessment was completed under section 143(3) after scrutiny, allowing capital expenditure claimed by assessee. PCIT  held that the  Assessing Officer had allowed claim of capital expenditures even though exemption claimed by assessee was withdrawn in light of provision of section 13(8). He invoked revisional jurisdiction On appeal the Tribunal held that  when proceedings under section 263 were initiated, jurisdictional Gujarat High Court had already decided issue in favour of assessee and held that assessee-society, engaged to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities, could be said to be providing general public utility services within meaning of section 2(15). Supreme Court had also affirmed/upheld said view of High Court. Order passed by Assessing Officer could not be held to be erroneous and prejudicial to interest of revenue. Order of Tribunal is affirmed.  (AY. 2017-18)