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TMI Blog2011 (10) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the Tribunal and decided the issue in favour of the assessee. The learned CIT(A), therefore, held that the assessee is entitled to exemption under sec. 11 of the Act. Appeal filed by the revenue is dismissed. - I.T. A. No.3795/Del/2011 - - - Dated:- 10-10-2011 - SHRI C.L.SETHI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER Appellant by: Shri Salil Mishra, Sr. CIT. Respondent by: S/Sh. V.P. Gupta Basant Kumar, Advocate. O R D E R PER C.L. SETHI, JUDICIAL MEMBER: The revenue is in appeal against the order dated 14.06.2011 passed by the learned Commissioner of Income-tax (Appeals) pertaining to the Assessment Year 2008-09. 2. In this appeal, the only ground taken by the revenue is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is entitled to exemption under sec. 11 of the Act. 5. Hence, the department is in appeal before us. 6. In the course of hearing of this appeal, it has been pointed out by the learned counsel for the assessee that the CIT(A) s order decided in assessee s favour after following the decision of the Tribunal dated 22.4.1999 for Assessment Years 1986-87 to 1988-89, has been upheld by the Hon ble Tribunal vide order dated 5.08.2011 in the appeal filed by the revenue for the Assessment Year 2007-08 (ITA No.5659(Del)/2010), a copy of which has been placed before us. The learned DR on the other hand, supported the order of the Assessing Officer. The ITAT, Delhi Bench `C , New Delhi has decided the issue in assessee s favour by dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DR was not able to point out any difference either of fact or of law and respectfully following the said analogy, the appeals of the assessee are to be allowed. 4.1 The facts in the case of Galib Institute (supra) are that the assessee derived income from rent including rent from hiring of auditorium and furniture and fixture. The AO treated the income as business income and invoked the provision contained in section 11(4A). Since separate books of account were not maintained, he denied deduction u/s 11. The operative portion of the decision reads as under:- In all the above cases, their Lordships were considering the words the advancement of any other object of general public utility not involving the carrying on of any activity f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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