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2014 (8) TMI 1143

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....udicial 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 assessee trust are charitable in nature and ent....

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....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, which is undisputably for a charitable object. It....

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....ssee 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 case of Radhasoami Satsang vs. CIT 193 ITR 321, it was he....

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....th 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 other educational trust and, therefore, it can be said tha....