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TMI Blog2016 (2) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... MT. BEENA A. PILLAI, JUDICIAL MEMBER For The Appellant : Shri Raman Kant Garg, Sr. DR For The Respondent : Shri Manish Kumar, Adv. ORDER ORDER PER BEENA A. PILLAI, JM The present appeal arises from the order of the ld. CIT(A)- XXI, New Delhi vide order dated 23.10.2013 for assessment year 2010-11 on the following grounds of appeal:- 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in excluding the development fees of ₹ 93,02,137/- out of the gross receipts as computed by the A.O. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in allowing Date of Hearing 4.1.2016 Date of Pronouncement 18.1.2016 the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , training centres for the formation, education and diffusion of science, literature, fine arts and in general for imparting any useful knowledge, to construct, demolish, alter or rent any buildings which may be necessary for its objectives, to provide hotels and residence for students, for its members and for such persons as may work for it, to establish, organize, maintain and run, libraries, reading rooms, common rooms for the general use of members, students and the general public, etc. 2.2. Ld. Assessing Officer observed that the assessee is registered u/s 12A(a) of the Act vide order no. CIT-II/TE (128)/78-79/1168 to 1169 dated 28.1.1980. During the assessment proceedings, the ld. Assessing Officer observed that the assessee has re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the ld. CIT(A), the department is in appeal before us. Ld. DR has placed his reliance on the order passed by the Assessing Officer. Ground no. 1 4. Ld. AR, at the outset, submitted that this ground stands covered by the order of this Tribunal for assessment year 2009- 10 in I.T.A. No. 152/Del/14 in the assessee s own case. He submitted that the Senior Deputy Accountant General (Commercial) of CAG Office has certified that the general conditions of the accounts of the assessee have been found satisfactory. Ld. AR submitted that the amount of development fund was taken as per the norms fixed under Delhi Education Act and, therefore, was not in violation of any statutory provisions in regard to fees. 4.1. Ld. AR submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer. 7.1. On the contrary, ld. AR submits that this addition has been made for the first time in the year 2008-09 by holding that the claim of depreciation made by the assessee amounts to double deduction on account of the claim of capital expenditure as application of funds. The income of the Respondent Assessee is already exempt and the Respondent Assessee is only claiming that depreciation should be reduced from the income for the percentage of funds which have to be applied for the purpose of trust. 7.2. Ld. AR has relied upon the order of this Tribunal in assessee s own case for assessment year 2008-09 in I.T.A. No. 4476/Del/2011. This Tribunal has deleted the addition made by the Assessing Officer on the claim of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tablish, organize, maintain and run, libraries, reading rooms, common rooms for the general use of members, students and the general public, etc. 8.2. It has also been observed by the Ld. Assessing Officer observed that the assessee is registered u/s 12A(a) of the Act vide order no. CIT-II/TE (128)/78-79/1168 to 1169 dated 28.1.1980, which stands valid till date. 8.3. From the above, it is very clear that the activities carried out by the Assessee certainly amounts to charitable purpose, as it is being covered under the limb education to the definition of charitable purpose is contained in section 2(15) of the Act. Therefore, the Assessee has to be necessarily considered a genuine charitable organization eligible to claim exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X
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