2014 (3) TMI 681

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.... Revenue is directed against the order passed by the CIT(A)-I, Mumbai and it pertains to A.Y. 2006-07. 2. The following grounds were urged by the Revenue: - "Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was right in directing the AO to allow the claim of exemption u/s 11, when the same was not claimed in the return of income filed u/s 139(1) of the Act. 2. Wheth....

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....tion for the reception and treatment of persons, during convalescence or of persons requiring medical or rehabilitation, existing solely for philanthropic purposes." 3. The facts in brief are that the AO reopened the assessment on the ground that the assessee is not an educational institution solely for educational purposes but it was running for profit and, therefore, it is not entitled to exemp....

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....is fact was brought to the notice of the AO during the assessment proceedings. However, the AO has ignored this fact. The appellant trust is imparting education and medical help and even financial aid to physically handicapped trainees, the appellant is entitled to exemption u/s. 11. The appellant's AR further contended that the appellant is receiving grant from State Government through Director o....

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....rected to allow exemption u/s. 11 as claimed by the appellant trust. This ground of appeal is allowed." Since the assessee has been granted registration under section 12A and the original objects continued to exist apart from the fact that the amended objects remain charitable, the learned CIT(A) was of the view that the assessee is entitled to exemption under section 12A and directed accordingly.....