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        Case ID :

        2026 (3) TMI 1401 - AT - Income Tax

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        Section 10(23C)(iiiab) exemption sustained on prior precedent and unchanged facts, leaving assessment additions infructuous. Entitlement to exemption under section 10(23C)(iiiab) was accepted because the Tribunal's earlier ruling in the assessee's own case, following the ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Section 10(23C)(iiiab) exemption sustained on prior precedent and unchanged facts, leaving assessment additions infructuous.

                            Entitlement to exemption under section 10(23C)(iiiab) was accepted because the Tribunal's earlier ruling in the assessee's own case, following the Rajasthan High Court, already covered the issue and no material change in facts for the relevant years was shown. With the principal exemption claim allowed, the consequential additions made in assessment became infructuous. The cross objections on reopening were treated as academic once the revenue's appeals failed on merits, so no further adjudication was required on that aspect.




                            Issues: (i) Whether the assessee was entitled to exemption under section 10(23C)(iiiab) of the Income-tax Act, 1961.

                            Analysis: The issue was found to be covered by the Tribunal's earlier decision in the assessee's own case, which had followed the Rajasthan High Court decision, and no change in facts for the relevant assessment years was shown. On that basis, the exemption claim was accepted. Once the principal exemption issue was decided in favour of the assessee, the remaining additions arising from the assessment were rendered infructuous. The cross objections challenging reopening were treated as academic after the revenue's appeals failed on merits.

                            Conclusion: The exemption under section 10(23C)(iiiab) was allowed in favour of the assessee, and the revenue's appeals failed.

                            Final Conclusion: The assessment dispute was resolved in favour of the assessee on the principal exemption issue, with the ancillary additions and cross objections not surviving for adjudication.


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                            ActsIncome Tax
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