9911796707
TMI Blog2018 (3) TMI 1977X X X X Extracts X X X X X X X X Extracts X X X X ..... s is an appeal filed by the Revenue against the order of CIT(A)- 1, Mumbai dated 06/01/2016 for A.Y.2011-12 in the matter of order passed u/s.143(3) of the IT Act. 2. The only grievance of revenue relates to CIT(A) holding that assessee performs a charitable purposes within the meaning of proviso to section 2(15) of the Income Tax Act, 1961. 3. Rival contentions have been heard and record perused. 4. Briefly, the facts of the case as per assessment order are that the assessee is a trust registered with DIT (E), Mumbai u/s. 12A and with Charity Commissioner, Mumbai. The assessee filed its return of income on 29.09.2011 along with the Income Expenditure Account, Balance Sheet and Audit Report in Form 10B declaring total income at R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the submissions of the appellant and also discussed the case with the AR of the appellant. The contentions and submissions of the appellant are being discussed and decided here in under: i. The appellant has contested the denial of exemption u/s. 11 in Ground No. 1 of appeal. The A.O in paragraph 8 of his order has reproduced and placed reliance on the observations of his predecessor contained in the assessment order for assessment years 2009-10 and 2010-11. Further in paragraph 9 of his order the A.O relying upon the same has held the activities of assessee trust as business and completed the assessment on the same lines as that of the last years which has been specifically mentioned. Thus as mentioned by the AO there is no chang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Tribunal in ITA No. 6621/M/12 for A.Y. 2008-09. We find force in the contention of the Ld, Counsel. The issues involved in the year under consideration were a/so there before the Tribunal in A.Y. 2008-09. We find that the Tribunal has followed the order of the Hon'ble Jurisdictional High Court in assessee's own case for the assessment year 2003-04 vide order dt. 14.2.2012 and finally concluded that the assessee's claim that it is entitled for exemption u/s. 11 has been upheld from the stage of High Court, 6. Now that it has been held that the assesses is a charitable institution and duly recognized u/s. 12A therefore, the income has to be computed in accordance with the provisions of Sec. 11 of the Act, Respectfully f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ange in facts, observations of the Assessing Officer in the year under consideration, and the submissions made as compared to the preceding years, Assessing Officer is directed to follow the findings of my ld. Predecessor as well as Hon. ITAT as above for this year also. ii. Ground No.1 of appeal is therefore allowed. 7. Learned AR placed on record the order of Tribunal in assessee s own case for the A.Y.2010-11 dated 23/09/2015, wherein similar claim of assessee was allowed by dismissing the Revenue s appeal. Respectfully following the order of the Tribunal in assessee s own case, we do not find any infirmity in the order of CIT(A) for allowing assessee s claim of exemption u/s.11 r.w.s. 2(15) of IT Act. 8. In the result, app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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