2012 (6) TMI 834

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.... present appeal fi led by the revenue is directed against the order dated 02.12.2011 passed by the ld. CIT(A) u/s 250(6) of the Income-tax Act,1961 ( in short 'the Act' ). 2. In this appeal , the revenue has raised the fol lowing Grounds of Appeal: "1. The Ld. CIT(A) has erred in holding that the assessee club is a mutual concern disregarding the f inding of A.O. that the f inancial ....

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..... may be restored." 3. In the course of present appel late proceedings, ld. 'DR' supported order passed by the AO. 4. Ld. 'AR' argued that the issue is covered by the decision of Hon'ble ITAT, in assessee's own case in ITA No. 777/Chd/2007 assessment year 2004-05, order dated 29.01.2008. In this context, he referred to last para of the impugned order passed by the Hon....

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....ula in ITA No. 900/Chandi/2000 for the A.Y. 1995-96 dated 10.12.2004, respectful ly fol lowing the decision of the Hon'ble ITAT Chandigarh in the case of Gymkhana Club, the addition of Rs. 30,58,400/- is directed to be deleted. 6. In result, appeal is allowed." 5( i ) It would be relevant to reproduce the findings of the decision of the ITAT, in the assessee's own case in ITA No.777/....

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....ppeals of the Department. 11. In the result, the appeals of the Department are dismissed." 6. We have carefully perused the rival submissions, facts of the case and found that the issue is squarely covered by the decision of the Tribunal in assessee's own case, as pointed out by ld. 'AR', which was not disputed by ld. 'DR' . 7. Respectful ly fol lowing the decision of ....