2018 (3) TMI 1977

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....heard and record perused. 4. Briefly, the facts of the case as per assessment order are that the assessee is a trust registered with DIT (E), Mumbai u/s. 12A and with Charity Commissioner, Mumbai. The assessee filed its return of income on 29.09.2011 along with the Income & Expenditure Account, Balance Sheet and Audit Report in Form 10B declaring total income at Rs. Nil. However, the A.O completed the assessment vide order dated 24.03.2014 u/s. 143(3) of the I.T. Act, 1961 at taxable income of Rs. 4,02,14,370/-.After observing that activities of assessee were organized in regular activities, therefore, assessee is not eligible for exemption u/s.11 within the meaning of Section 2(15) of the IT Act. The assessee was further required to show ....

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....ed in the assessment order for assessment years 2009-10 and 2010-11. Further in paragraph 9 of his order the A.O relying upon the same has held the activities of assessee trust as business and completed the assessment on the same lines as that of the last years which has been specifically mentioned. Thus as mentioned by the AO there is no change in facts in the year under consideration as compared to assessment year 2009-10 and 2010-11. The appellant has placed reliance on the orders of CIT(A) and Hon. ITAT for these years. In assessment year 2009-10 the then CIT(A) vide order dated 25.3.2013 has decided the same issue observing as under :- "8. I have carefully considered the facts of the case, submissions of the appellant and the assess....

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....ed that the assessee's claim that it is entitled for exemption u/s. 11 has been upheld from the stage of High Court, 6. Now that it has been held that the assesses is a charitable institution and duly recognized u/s. 12A therefore, the income has to be computed in accordance with the provisions of Sec. 11 of the Act, Respectfully following the earlier years order, we direct the AO to compute the total income of the assessee in terms of Sec. 11 to 13 of the Act. This ground of the Revenue is dismissed." Further in A.Y.2010-11 the CIT(A) vide order dated 13.02.2015 has again decided the same issue observing as under - "6. I have carefully considered the facts of the case, the submissions of the appellant and the assessment order pas....