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of <h1>ITAT Delhi affirms assessee's eligibility for exemptions under sections 11 and 12, emphasizing consistency in income tax proceedings.</h1> <h3>ITO (E) Ward-2 (4), New Delhi Versus National Foundation Trust</h3> ITO (E) Ward-2 (4), New Delhi Versus National Foundation Trust - TMI Issues:- Whether the activities of the assessee fall under business/commerce/trade, invoking the first proviso to section 2(15) of the ActRs.- Whether the assessee is eligible for exemption under sections 11 and 12 of the Act based on its aims and objects as a registered society promoting education in sports and allied activitiesRs.Analysis:1. The appeal by the Revenue challenged the order of Ld. CIT(A) regarding the nature of the assessee's activities. The AO initially denied benefits under sections 11 & 12 to the assessee, considering the receipts from various activities as business/commerce. The AO invoked the first proviso to section 2(15) of the Act. The Ld. CIT(A) accepted the assessee's contention that it is registered to promote education in sports, directing the AO to allow exemption under section 11(1) of the Act.2. The Revenue, represented by Ld. DR, relied on previous case laws to argue that if activities beyond the aims and objects are conducted, the proviso to section 2(15) would apply. However, the assessee's counsel highlighted a previous ITAT Delhi judgment for AY 2011-12, where the Departmental appeal was dismissed. The ITAT Delhi held that the assessee's activities aligned with its registered aims and objects of promoting education and sports, making it eligible for benefits under sections 11 and 12.3. The ITAT Delhi emphasized the importance of consistency in income tax proceedings, stating that the decision in the assessee's favor for the preceding AY 2011-12 should guide the current judgment. The Tribunal dismissed the Departmental appeal, affirming that the assessee's activities were educational and sports-oriented, not falling under trade or commerce. The ITAT Delhi upheld the Ld. CIT(A)'s decision, granting the assessee exemption under sections 11 and 12 based on its registered objectives.In conclusion, the ITAT Delhi dismissed the Revenue's appeal, following the precedent set in the earlier judgment for AY 2011-12, where the Departmental appeal was rejected. The Tribunal affirmed that the assessee's activities aligned with its registered objectives of promoting education in sports and youth development, making it eligible for exemptions under sections 11 and 12 of the Act.
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