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TMI Blog2010 (12) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... as against the expenditure incurred on charitable activities - The said finding is not shown in any manner to be perverse - No substantial question of law arises - The appeal is dismissed. - I.T.A. No.695 of 2010 (O&M) - - - Dated:- 14-12-2010 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Mr. I.P. Singh, Standing counsel for the Revenue. ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the revenue under Section 260-A of the Income Tax Act, 1961 (for short, the Act ) against the order of the Income Tax Appellate Tribunal, New Delhi in I.T.A. No.3377/Del/2008 claiming following substantial questions of law:- (i) Whether the Hon ble Tribunal was justified in law in directing the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting scholarships etc. Under section 11(1)(a) of the Income Tax Act, 1961, income derived from property held under trust wholly for charitable or religious purposes to the extent to which such income is applied for the purpose of trust shall not be included in the total income of the assessee. The assessee owns properties which have been let out on rent. Letting out property on rent cannot be said that the assessee is engaged in the business of letting out. Letting out of the rooms and shop rent is income derived from the property and, therefore, the income earned from the property to the extent it is applied for the objects of the trust will not form part of the total income. Likewise, assessee is engaged in publication of books, newspaper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the assessee society was engaged in business and received income from property as also from publication of books and its income was not from property held under trust wholly for charitable or religious purposes. 5. This submission cannot be accepted. The finding recorded by the Tribunal that mere fact that the assessee owned property and received rent thereof, was not enough to hold that the assessee was not carrying on charitable activities. The income received was for the objects of the trust and the amount realised from publication was nominal, as against the expenditure incurred on charitable activities. The said finding is not shown in any manner to be perverse. 6. No substantial question of law arises. 7. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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