2017 (12) TMI 1827

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....the activities of the trust were not within the purview of Section 2(15) of the Income Tax Act, 1961. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred in directing the AO to allow benefits of Section 11 & 12 of the IT Act ignoring this fact that the assessee was involved in business activity during the year under consideration. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred in allowing the claim of depreciation to the assessee on the fixed assets which were claimed as application of income in earlier years. 4. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred in allowing the claim of depreciation of Rs. 32,95,....

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....as dismissed by the a coordinate Bench of this Tribunal vide the appellate order dated 23.08.2013 in ITA No. 5502/Del/2012. The AO has again denied the exemption u/s 11(1) to the assessee during the current AY 2010-11 following the order of the earlier AY 2009-10 as above mainly on the ground that the assessee is involved in business activity vide the order of the AO. In the appeal while following the order of the Tribunal in ITA No. 5502/Del/2012 in assessee's own case for the AY 2009-10 the Ld. CIT (A) held that the assessee is involved in the charitable work of promoting the welfare and cause of the youth and allowed exemption u/s 11(1) of the Act to the assessee. Hence, the Revenue is in this appeal before us. 3. Ld. DR contended that ....

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....e with the order of the Ld. CIT (A). 4. We have perused the material papers on record, in the light of the decisions relied upon by the assessee. Ld. CIT (A) vide paragraph no. 3.1 recorded a finding that when the Ld. CIT (A) held that the assessee is entitled to the benefit of exemption u/s 11 & 12 of the Income Tax Act, 1961 for the AY 2009-10, Department preferred an appeal before the Tribunal in ITA No. 5502/Del/2012 and such an appeal was dismissed by the Tribunal by way of order dated 23.08.2013. Order dated 23.05.2016 in ITA No. 3635/Del/2015 for the AY 2011-12 also shows that it was held therein that the assessee is entitled to the benefit of the exemption u/s 11 & 12 of the Act. Further by way of order dated 14.12.2016 of the Hon'....