2014 (8) TMI 1143

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Singhvi, CA ORDER A. T. Varkey, Judicial Member This appeal preferred by the revenue arises from the order of the ld CIT(A)-XXI, New Delhi dated 23.10.2012 relates to Assessment Year 2009-10. 2. The effective grounds raised by the Revenue are as under:- "1. On the facts and in the circumstances of the case and in law, the ld CIT(A) has erred in holding that the activities of the as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ption u/s 11 and 12 of the Income Tax Act, 1961 (herein after 'the Act'). 4. We find that this issue before us is no longer res-integra. The co-ordinate Bench in the case of the assessee, for Assessment Year 1994-95 has held that the assessee is entitled to exemption u/s 11 & 12 of the Act. It was held that letting out the school building was aimed at providing assistance in imparting education....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... which' is evident from the chart filed by the assessee for assessment years 1990-91 to 1998-99. On the basis of this chart, the argument of assessee s counsel was that as per the rule of consistency also, the claim of the assessee deserves to be allowed. In the case of Director of Income Tax vs. lovely Bal Shiksha Parisad reported in 266 ITR 349, following the decision of apex Court in the ca....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the case of the assessee for 2002-03 by an order dated 10th July 2009 and it was held as under:- "11. We have heard both the parties. We find that this issue is covered by the decision of IT AT in assessee's own case for assessment year 1994-05 in ITA. No. 1386/Del of 1998 dated 28th July, 2006 wherein it has been held that the assessee trust was justified letting out the school building to....