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2021 (11) TMI 1024 - ITAT MUMBAIDenial of exemption u/s.11 - applicability of proviso to section 2(15) - HELD THAT:- This Tribunal for A.Y. 2009-10 in assessee’s own [2021 (10) TMI 224 - ITAT MUMBAI] case had duly addressed the (i) issue of claim of exemption us/.11 of the Act together with its eligibility for the assessee herein; (ii) applicability of proviso to section 2(15) of the Act; (iii) applicability of CBDT Circular No.11/2008 dated 19.12.2008; (iv) applicability of decision of Kolkata Tribunal in the case of Indian Chamber of Commerce vs. ITO [2014 (12) TMI 256 - ITAT KOLKATA], among other decisions; and (v) narrating the objects of the assessee trust, giving a categorical finding that the said objects are indeed charitable in nature and not intended for the purpose of profit. We find from the perusal of the order of the ld. CIT(A),had individually analysed the varied stream of receipts/incomes derived by the assessee and had concluded those receipts to be earned with a profit motive. We find that the very same stream of receipts/incomes were indeed present in A.Y. 2009-10 also for the assessee. The very same stream of incomes/receipts were found to be charitable in nature by this Tribunal in A.Y. 2009-10. There is absolutely no differentiating fact brought on record by the ld. Departmental Representative (ld. DR for short) before us to drive home the point that the decision rendered by this Tribunal for A.Y. 2009-10 is not applicable to the years under consideration. In view of the identical facts prevailing in A.Y. 2009-10 with that of the years under consideration, we hold that the decisions rendered hereinabove by this Tribunal for A.Y. 2009-10 shall apply mutate mutandis for the years under consideration also. Accordingly, ground nos. 1 to 4 raised by the assessee for all the years under consideration are allowed.
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