2018 (11) TMI 1894

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.... PER D. KARUNAKARA RAO, AM : This appeal is filed by the Revenue against the order of CIT(A)-10, Pune, dated 15-07-2016 for the Assessment Year 2012-13. 2. Briefly stated, relevant facts include that the assessee is a society registered under the Societies Registration Act, 1860 and Bombay Public Trust Act, 1950. Assessee is also registered u/s.12A of the I.T. Act. Assessee filed the return ....

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....essee society diverted the income of the assessee out of the resources of the trust to SBC violating the provisions of section 40A(2)(b) of the Act. 3. During the First Appellate proceedings, the CIT(A) noted vide Para No.9 that similar issue reached the Tribunal in the earlier assessment years. The Tribunal, on similar facts and issues, raised by the Revenue, directed for grant of exemption to....

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.... 2. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) was correct in holding that the assessee was allowed to claim exemption u/s.11 of the I.T.Act, 1961 despite the fact that the payments were made to prohibited persons as defined u/s.13(1)(c) and 13(2)(c) of the I.T. Act, 1961." 5. Ld. DR for the Revenue, while relying on the order of the AO, submitted that t....

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....ar issue was adjudicated in favour of the assessee by the Tribunal in the assessee's own case for the A.Yrs. 2010-11 and 2011-12. For the sake of completeness, we proceed to extract the operational para of the order of the Tribunal here as under : "7. We have heard the rival submissions and perused the material on record. The issue in the present case is with respect to denial of exemptio....