TMI Blog2014 (8) TMI 1143X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. It was held that letting out the school building was aimed at providing assistance in imparting education, which is undisputably for a charitable object. - Decided in favour of assessee - ITA No. 57/Del/2013 - - - Dated:- 20-8-2014 - Shri G. D. Agarwal, Hon ble Vice President And Shri A. T. Varkey, Judicial Member Appellant by :Sudha Kumari, CIT DR Respondent by :R. S. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law, the ld CIT(A) has erred in holding that the activities of the assessee trust fall within the expression of education‟ read with definition of charitable purpose‟ as per section 2(15) of the Income Tax Act, 1961 when none of its activities can be categorized as providing education either directly or indirectly. 3. Apropos sole ground regarding eligibility to claim exemption u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also aimed at providing assistance in imparting educational which was undisputedly a charitable object. Thus, the finds of the ld CIT(A) are to be upheld from the this view point also. 14. There is another aspect of the matter. As pointed out by the ld. counsel for the assessee, the accumulation was allowed under section 11 (2) to the assessee in earlier years and in subsequent years, which& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso, the benefit of section 11 should be allowed to the assessee as it was being allowed in earlier years and as the same has also been allowed in subsequent assessment years. 15. In view of the above, we do not find force in the grounds of appeal taken by the revenue and reject the same. 16. In the result, the appeal of the revenue is dismissed. 5. The aforesaid view was reiterated in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JI8S and in subsequent years. Therefore the assessee was entitled for benefit of section 11 the Act. Since the issue is covered by the decision of ITA T in assessee's own case respectfully following the same it is held that the assessee is entitled for exemption u/s 11of the Act. 6. In the light of the above decision of the co-ordinate bench in assessee s own case and since the Revenue was ..... X X X X Extracts X X X X X X X X Extracts X X X X
|