2018 (8) TMI 264

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.... Tax (Appeals) - 1, Mumbai [CIT(A)] erred on facts and in law in confirming the order passed by the Assistant Director of Income Tax (E)-II(l), Mumbai (AO) rejecting the appellant's claim of exemption u/s. 11, 2) The learned CIT(A) erred on facts and in law in holding that the appellant had not made any submission with reference to the applicability of section 11 (4A) either during the assessment proceedings or during the appellate proceedings. 3) The learned CIT(A) erred in holding that the receipts of the appellant do not fall under the definition of education or under any other object of general public utility. 4) The learned CIT(A) erred in holding that the receipts of the appellant were in the nature of b....

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..... The A.O. treated the total receipts of Rs. 38,08,614/- as income of the assessee trust. 6. The Hon. Tribunal, Mumbai Bench vide para 5 on page 5 of its order dated 21st February, 2014 allowed the appeal of the assessee for A.Y. 2009-10 and restored the registration U/S.12A of the Act granted to the assessee. 7. However, Tribunal in its order in para 7 & 8 observed that receipt on account of international conference and interest on deposit was in the nature of business income. Thereafter, the assessee filed miscellaneous petition against its order of the Tribunal. The Hon'ble Appellate Tribunal had partly allowed the Rectification Application of the assessee-trust and deleted the words "interest on deposit at Rs. 16,14,824/- for ....

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....ised and is indeed pending, the Tribunal shall decide the issues or grounds in such Appeals pending before it on their own merits and in accordance with law. The Tribunal should not influence itself solely by the observations that have been made in paragraphs 7 and 8 of the order passed in Income Tax Appeal No.308/Mum/2012 for the assessment year 2009-2010. We clarify that all the arguments and of both sides, therefore, can be considered by the Tribunal. Once the Writ Petition is disposed of with this clarification, the Income Tax Appeal No. 100 of 2015 does not survive and the same is disposed of." 9. In view of the aforesaid order of the High Court of Bombay the reliance placed on the order of the Appellate Tribunal dated 21-2-2014 by ....