9911796707
TMI Blog2023 (1) TMI 1174X X X X Extracts X X X X X X X X Extracts X X X X ..... other income from known members also. The denial of the exemption has been set aside by the Ld.CIT(A) against which the Department of Revenue had approached this Tribunal and his Tribunal had allowed the exemption but directed the assessee to maintain separate books of accounts u/s 11(4A) of the Act. As against the order of the Tribunal, the assessee preferred an appeal before the Hon ble Delhi High Court [ 2012 (11) TMI 429 - DELHI HIGH COURT ] treated the assessee as charitable institution u/s 11(1) of the Act. Even in the year under consideration the exemption u/s 11(1) has been denied by invoking mischief of proviso to Section 2(15) mainly on the ground that the assessee involved in trade, commerce or business. The Ld.CIT(A) by foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed return declaring NIL income which was selected for scrutiny, notice u/s 143(2) and also Section 142(1) of the Income Tax Act were also issued, assessment proceedings were initiated. The assessment order came to be passed by assessing the taxable income of the assessee at Rs. 2,02,90,706/- holding that the assessee is taxable as an AOP and not entitled for benefit of provision of section 11 12 of the Act by virtue of Section 13(8) of the Income Tax Act. 4. Aggrieved by the order dated 28/12/2018 passed by the Deputy Commissioner of Income Tax Circle (Exemption) 2 (1) Delhi, the assessee has preferred an appeal before the Commissioner of Income Tax (Appeals). The Ld.CIT(A) vide order dated 09/07/2019 allowed the Exemption u/s 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritable institution u/s 11(1) of the Act vide order dated 19/10/2011 in ITA No. 368 369/2012. The Ld. Counsel for the assessee further submitted that, even in the Assessment Year 2008-09 and 2009-10, the assessee has been treated as a charitable institution u/s 11(1) of the Act by virtue of the Tribunal vide order dated 11/05/2015 in ITA No. 248 and 1572/Del/2013. Further contended that even for the Assessment Year 2010-11, 2011-12 and 2012-13, the Ld.CIT(A) granted relief by treating the assessee as a charitable institution. Therefore, the Ld. Counsel for the assessee submitted that, for the year under consideration by following the assessee consistency the appeal of the assessee Revenue deserves to be dismissed. 7. We have heard the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in trade, commerce or business and the assessee is hit by mischief of proviso of Section 2(15) which has been set aside and the appeal of the assessee was allowed by the Ld.CIT(A) vide order dated 18/12/2014, 04/12/2014 an 15/06/2015. 8. Even in the year under consideration the exemption u/s 11(1) has been denied by invoking mischief of proviso to Section 2(15) mainly on the ground that the assessee involved in trade, commerce or business. The Ld.CIT(A) by following the principles of consistency and also orders made in assesses s own case right from the Assessment Year 2006-07 to 2014-15 and also by following orders of the Tribunal, the Hon ble Delhi High Court which treated the assessee as charitable institution u/s 11(1) of the Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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