2011 (2) TMI 1538

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....red in not allowing relief u/s 11 and 12 of the IT Act. 3. At the outset, ld. counsel of the assessee placed on record the order of the ITAT in assessee's own case in ITA No. 3747, 3887, 862 and 2354 for assessment yeqars 1001-02, 2003-04, 2004-05 and 2005-06 respectively. In all these decisions assessee has been granted the benefit of exemption u/s 11 and 12 of the IT Act. 3.1 Ld. Departmental Representative relied upon the orders of the authorities below. However, he accepted that in assesse's own case the matter has been decided by the tribunal in assessee's favour. 4. We have carefully considered the submissions. We note that the tribunal in ITA No. 2354 for A.Y. 2005-06 vide order dated 13.8.2009 has adjudicated the issue as u....

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....r section 11 is covered in favour of the assessee. This order of the tribunal for the assessment year 1993-94 was followed by the tribunal for the assessment years 1994-95 to 1996-97 and 1998-99. In view of thes consistent orders, in one of which the assessee's ground to the effect that in view of the litigation pending before the Hon'ble High Court the income could not be applied for charitable purposes and it must be taken to have been accumulated has also been considered, we hold that nothwithstanding the reason given by the Ld. Commissioner of Income Tax (Appeals) in the impugned order that the assessee did not apply its income to any charitable activity in India during the year, the assessee would be eligible for the exemption under se....