2021 (2) TMI 1342 - AT - Income Tax

Exemption u/s 11 - applicability of provisions of Section 2(15) - HELD THAT - Appeal of the revenue has been dismissed by the Hon ble Jurisdictional High Court 2016 (8) TMI 1588 - DELHI HIGH COURT referring to the decision of the Court in the case of Delhi Music Society 2011 (12) TMI 124 - DELHI HIGH COURT wherein it was held that the assessee is a charitable organization and the receipts of the assessee are eligible for exemption. Decided against assessee.

Summary

Issues Involved: Appeal against order of CIT(A) regarding applicability of Section 2(15) of the Income Tax Act, 1961.

Analysis:
1. The appeal was filed by the revenue against the order of the ld. CIT(A)-40, New Delhi dated 01.02.2017 regarding the issue of applicability of provisions of Section 2(15) of the Income Tax Act, 1961.

2. The assessee's case was adjudicated in their favor by various authorities:
- Order of Ld. CIT (A) dated 28.08.2016 for the A.Ys. 2010-11 & 2011-12.
- Order of ITAT dated 15.02.2016 in ITA No.1019/Del/2013 for the A.Y. 2009-10.
- Order of ITAT dated 07.11.2017 in ITA No.5202/Del/2016 for the A.Y. 2010-11.
- Order of the Hon’ble High Court dated 02.08.2016 in ITA No.509/2016 for the A.Y. 2009-10.

3. The Hon’ble High Court dismissed the revenue's appeal, citing the Delhi Music Society case where it was held that the assessee is a charitable organization eligible for exemption.

4. The ITAT, in light of the High Court's judgment, declined to interfere with the order of the ld. CIT (A) who had deleted the addition based on the High Court's decision.

5. Consequently, the appeal of the revenue was dismissed, affirming the decision of the ld. CIT (A).

6. The order was pronounced in the Open Court on 16/02/2021.