9911796707
TMI Blog2017 (5) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... rder in this aspect - appeal dismissed - decided against assessee. - ITA No.234/Del/2017 - - - Dated:- 25-1-2017 - SHRI B.P. JAIN, ACCOUNTANT MEMBER For The Assessee : Shri Anunav Kumar, Adv. For The Revenue : Ms. Bedobani Chaudhuri, D.R. ORDER This appeal of the assessee arises from the order of learned CIT(A)- 40, Delhi, vide order dated 03.10.2016 for the assessment year 2012-13. 2. The assessee has raised the following grounds of appeal. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the fact that the assessee was predominantly engaged in the activities of hiring out of auditorium and providing space for rent in lieu of fee, which were commercial in natur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is covered by the decision of Hon ble High Court of Delhi in assessee s own case vide judgment in ITA No.499/2012 dated 05.11.2012 for the assessment year 2008-09 and the relevant decision is reproduced hereinbelow: 3. We have heard counsel for the parties. Revenue claims to be aggrieved by the order dated 10.10.20 II of the Income Tax Appellate Tribunal (Tribunal, for short) in ITA, No.3795/Del/2011. It urges that the impugned order holding that assessee is entitled to exemption under Section 11 is erroneous. The assessee trust claimed and was granted exemption. Its main objects are promotion of artistic and cultural expression through dramas, music and education etc. in its own auditorium. For the relevant assessment year 2008-09 it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also placed upon the judgment of this Court in CIT vs. M/s. Indian National Theatre Trust New Delhi ITR 134/1986, which had affirmed that order on 13.11.2007. 6. This Court has considered the submissions. The assessee had in its return before the Assessing Officer stated as follows: As per the aforesaid letter your goodself have observed that income and expenditure of our Trust are mainly related to property held by us at 4, Safdar Hashmi Marg, New Delhi, expenditure incurred is not related to charitable activities except donation paid to certain parties. Your goodself had observed that one the basis of above it appears that there is absence of any phtlanthropic charitable activities on the part of the trust. In this con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s consistent with our object by way of making donations to them. The aforesaid position is being there for number of years and charitable activities of our trust have always been accepted in the past. 7. The Assessing officer however rejected the contention stating that the assessee used to charge market rates while hiring or letting out auditorium. We discern no material to warrant that conclusion. Apart from hiring of the auditorium, the assessee received rents on account of letting out some portion of its premises to M/s. Benett Coleman. That cannot be termed unreasonable. In view of the fact that the previous orders in which tile claim or the assessee to be a charitable trust was upheld, we do not see any reason to interfere w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
