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ITO (E)-I(1), Mumbai Versus Bombay Panjrapole - 2012 (12) TMI 489 - ITAT MUMBAI - Income Tax

......... s (dharmau). We also find that approximately Rs. 21 lakhs came as known donations, which were duly taken care in the return and informed to the revenue. 12. We also cannot ignore the decisions of the Hon rsquo ble Bombay High Court and Hon rsquo ble Gujarat High Court referred to earlier, besides the fact that the decision in the assessee rsquo s own case, wherein the Hon rsquo ble Bombay High Court has accepted that the assessee, was a public trust and donations were exempted u/s 52 of Bombay Trust Act. We also cannot ignore the fact that even the department has been accepting the status and service rendered to humanity and assessment results of the assessee till the preceding year. 13. Keeping in view all the above considerations and keeping in view the consistent approach from the department, we do not intend to deviate from the order of CIT (A) and hold the same to be correct application of law and facts. 14. In the result, the appeal filed by the department is dismissed.



 

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