2018 (4) TMI 1576 - AT - Income Tax

Exemption u/s 11 - huge generation of surplus year after year - activities of the Association were commercial and not charitable in nature or not - basic objectives as promotion of spiritual intellectual and physical and social interest of people specially the youth within the territorial jurisdiction of the Association irrespective of their caste colour and creed. - CIT(A) allowed the benefit of exemption. Held that - Although the Ld. Sr. DR has vehemently argued against the order of Ld. CIT (A) in directing the AO to allow the benefit of exemption to the assessee with all the consequential benefits we find that the case is squarely covered in favour of the assessee by order of the ITAT in assessee s own case 2017 (11) TMI 1370 - ITAT DELHI for assessment year 2012-13 wherein a similar direction by the Ld. CIT (A) was upheld by the coordinate bench of this Tribunal. - Benefit of exemption allowed - Decided against the revenue.

Summary

Issues:
1. Appeal by Department against order passed by Ld. CIT (Appeals) for assessment years 2009-10 and 2010-11.
2. Dismissal of assessee's CO.
3. Identical issues in both appeals.
4. Grounds raised by department not subject matter of appeal/s by assessee.
5. Denial of exemption u/s 11 of the Income Tax Act.
6. Activities of the Association considered commercial by AO.
7. Directions of Ld. CIT (A) to allow exemption u/s 11.
8. Previous orders in favor of assessee.
9. Dismissal of grounds not arising from Ld. CIT (A) order.

Analysis:
The judgment pertains to appeals filed by the Department against orders passed by Ld. CIT (Appeals) for assessment years 2009-10 and 2010-11. The CO filed by the assessee was dismissed as not pressed. The Ld. AR argued that grounds 1 and 2 in both appeals were covered in favor of the assessee in a previous ITAT order. The Ld. AR contended that certain grounds raised by the department were not part of the appeal by the assessee and should be dismissed. The Ld. Sr. DR supported the AO's orders, claiming the Association's activities were commercial, leading to surplus generation. However, the Ld. CIT (A) directed the AO to allow exemption u/s 11 of the Act, considering the Association as charitable and non-profit.

The Tribunal found that the case was in favor of the assessee based on past ITAT orders and the Ld. CIT (A)'s directions. The Tribunal noted that the Association had been granted exemption in previous assessment years and that the Ld. CIT (A) had rightly decided in favor of the assessee. The Tribunal referenced specific paragraphs from a prior ITAT order to support its decision. It was concluded that the Ld. CIT (A)'s directions were appropriate, and the appeals by the Department were dismissed. The Tribunal also dismissed certain grounds raised by the department as they did not arise from the Ld. CIT (A)'s order.

In summary, the Tribunal upheld the Ld. CIT (A)'s decision to grant exemption to the assessee under section 11 of the Act, based on the charitable nature of the Association's activities. The Tribunal relied on past orders and precedents to support its decision and dismissed the appeals by the Department while also dismissing certain grounds raised by the department that were not relevant to the appeal.