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TMI Blog2018 (9) TMI 958X X X X Extracts X X X X X X X X Extracts X X X X ..... mption u/s 11 by treating the activities of the assessee as charitable in nature. No infirmity in the order of the CIT(A) since in the immediately preceding assessment year the CIT(A) has allowed the claim of exemption u/s 11 which has attained finality and the Assessing Officer himself in the subsequent assessment year has treated the activities of the assessee as charitable in nature and has allowed the claim of exemption u/s 11 therefore, the order of the ld. CIT(A) is upheld and the grounds raised by the Revenue are dismissed. - ITA No.5309/Del/2016, C.O. No.50/Del/2018 (In ITA No.5309/Del/2016) - - - Dated:- 10-9-2018 - Smt. Diva Singh, Judicial Member And Shri R. K. Panda, Accountant Member For the Department : Ms. Shefal Swr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... traceuticals fodder, fodder seeds and other associated products; Ration Balancing on non commercial basis; 2. To undertake operations relating to promote cooperative strategy by carrying out all activities including setting up facilities relating to milk procurement processing transportation, marketing and quality assurance by itself and through dairy and other cooperatives, producer companies and other entities by providing technical managerial and financial support. 3. To collect, compile, analyze and disseminate relevant data/statistics, necessary for efficient management of all the livestock related activities. 4. To set up all kinds dairy and animal husbandry related infrastructure for producer companies and other cooper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities is not satisfied in the present case. The assessee has successfully submitted point by point rebuttal to the allegations made by the Assessing Officer in the assessment order and has very strongly distinguished the facts of the case vis- -vis case laws relied by the Assessing Officer in the assessment order. Further, it has been examined from audited financials and submissions made by the assessee that the only factual finding on which the Assessing Officer has concluded that the assessee is carrying on commercial activities is incurring of auditorium user charges and advertisement fees is completely incorrect as no such expenditure has been incurred by assessee during the assessment year concerned. 5. The assessee also submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Based on the argument advanced by the assessee, the ld. CIT(A) allowed the claim of exemption u/s 11 on the ground that the Assessing Officer has not brought in any facts/findings on record to substantiate as to how the assessee s case falls under the proviso to section 2(15) and on what basis its activities are in nature of trade, commerce and business and not charitable. He observed that observation given by the Assessing Officer that the assessee is incurring of auditorium user charges and advertisement fees which amounts to carrying on commercial activities is incorrect which is evident from the audited financial statements. He further noted that his predecessor in assessment year 2011-12 has held that the activities of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the new proviso to section 2(15) of the I.T. Act and, therefore, the assessee cannot be treated to be engaged in charitable activities. We find the ld. CIT(A) allowed the claim of exemption u/s 11 and 12 on the ground that in the immediately preceding assessment year, the ld. CIT(A) has allowed the claim of exemption u/s 11 and the Revenue has not challenged the same. Further, in the immediately succeeding assessment year the Assessing Officer himself has allowed the claim of exemption u/s 11 by treating the activities of the assessee as charitable in nature. Under these circumstances, we do not find any infirmity in the order of the ld. CIT(A) since in the immediately preceding assessment year the ld. CIT(A) has allowed the claim of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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