2016 (2) TMI 735

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....the development fees of Rs. 93,02,137/- out of the gross receipts as computed by the A.O. 3. "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in allowing Date of Hearing 4.1.2016 Date of Pronouncement 18.1.2016 the benefit of exemption u/s 11 & 12 of the Act ignoring the fact that the society was involved in violating the Rules/guidelines frames in this matter." 3. "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in allowing the benefit of exemption u/s 11 & 12 of the Act ignoring the fact that assessee does not satisfy the first and main pre-condition i.e. "Charitable purposes" in as much as concerned the objects as defined in the MOA of the soc....

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....e general public, etc. 2.2. Ld. Assessing Officer observed that the assessee is registered u/s 12A(a) of the Act vide order no. CIT-II/TE (128)/78-79/1168 to 1169 dated 28.1.1980. During the assessment proceedings, the ld. Assessing Officer observed that the assessee has received development fund of Rs. 93,02,137/-. Ld. Assessing Officer called for various details in respect of Development Fund received by the assessee. After going through the submissions of the assessee, the ld. Assessing Officer held that the assessee does not fall within the scope of charitable purposes as defined in section 2(15) of the Act. He therefore denied the benefit of section 11 and 12 and made an addition of Rs. 93,02,137/- being the Development Fund receive....

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....ssee have been found satisfactory. Ld. AR submitted that the amount of development fund was taken as per the norms fixed under Delhi Education Act and, therefore, was not in violation of any statutory provisions in regard to fees. 4.1. Ld. AR submitted that the fees were charged from the students only up to limitation allowed as per the applicable provisions of law. Ld. AR further submitted that exemption granted by the CIT/DIT(E) u/s 12AA of the Act has not yet been cancelled and that the assessee has and is still being considered as charitable society. Ld. AR has placed reliance upon the decision of this Tribunal for assessment year 2008-09 in assessee's own case in I.T.A. No. 4476/Del/2011 vide order dated 8.1.2014. 5. Ld. AR submitte....

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....for the purpose of trust. 7.2. Ld. AR has relied upon the order of this Tribunal in assessee's own case for assessment year 2008-09 in I.T.A. No. 4476/Del/2011. This Tribunal has deleted the addition made by the Assessing Officer on the claim of depreciation by relying upon the decision of Hon'ble Punjab & Haryana High Court in the case of Tiny Tots Education Society in ITA No. 93/2010. It is further brought to our notice that aggrieved by this deletion, the Revenue had preferred an appeal before the Hon'ble Jurisdictional High Court in I.T.A. No. 424/2014, wherein the Hon'ble High Court had upheld the decision of this Tribunal by relying upon the decision of DIT vs Indraprastha Cancer Society vide order dated 18.11.2014 in I....