2018 (5) TMI 1880

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....Sh. Amit Jain, Sr. DR ORDER Per L.P. Sahu, A.M.: This is an appeal filed by the Revenue against the order dated 18.01.2016 of ld. CIT(A)-40, New Delhi for the assessment year 2011-12 on the following grounds : "1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in allowing the appeal of the assessee by ignoring the fact that though the objec....

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....e ld. CIT(A) deleted the addition holding the assessee a charitable association and directed the Assessing Officer to allow exemption u/s. 11(1) of the Act, as the assessee is not involved in any trade, commerce or business activities to attract the mischief of proviso to section 2(15). The contention of the learned AR is that the identical issue involved in this appeal, came for consideration bef....

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.... of ld. CIT(A), submissions of the assessee and the case laws relied, are altogether same as in the present case. For ready reference, the decision reached by co-ordinate Bench is reproduced herein below: 8. When we examine the order passed by the ld. CIT (A) in the light of the fact that continuously in the preceding years from 2005-06 to 2008-09, income from publication and sale of good....

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....erely receiving fee and charges from the universities and selling text books to the students do not amount to entering into trade, commerce and business activities, particularly when the assessee trust is being run on the basis of the grants by the Government of India and on the basis of fee being collected from universities and its members. 10. In view of what has been discussed above, w....