TMI Blog2015 (3) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... s applied for the charitable or religious purposes (expenses incurred during the year) or accumulated/set apart to be applied for that purpose in future out of 75% to which the restriction u/s 11(5) applies. In the case of Fr. Mullers Charitable Institutions (2014 (2) TMI 1033 - KARNATAKA HIGH COURT) it was held that a perusal of section 13(1)(d) of the Income-tax Act, 1961 makes it clear that it is only the income from such investment or deposit which has been made in violation of section 11(5) of the Act that is liable to be taxed and violation under section 13(1)(d) does not result in denial of exemption under section 11 to the total income of the assessee and that where the whole or part of the relevant income is not exempted under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned AOs examined the case of the assessee and denied exemption to the assessee on the respective amounts in connection with the deposits made by it in contravention of Section 11(5) read with Section 13(1)(d) of the Income Tax Act. The assessee, hence, carried the matter before the learned CIT(A), by filing separate appeals for each assessment year. Later on, when the matters were further carried before the ITAT, it passed the impugned orders, as referred to in Para-1, herein above. Hence, the present appeals. 4. Present Tax Appeals involves the questions of law, which are more or less similar in nature and read as under; (A) Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res integra and he relied on a decision of this Court in Tax Appeal No. 187 of 2005 and the allied matters in the case of CIT VS. S.P. MEHTA MEMORIAL TRUST dated 13.11.2014. 7. Heard, learned Counsel for the parties and perused the material on record as well as the orders passed by the learned CIT(A) and the Tribunal. As stated by Mr. Patel, herein above, the issues involved in this matter are no more res integra and we have already decided the same in favour of the assessee and against the revenue by observing and holding as under in Paras-5 and 6 of the aforesaid decision; 5. Having heard learned advocates for the parties we are of the opinion that the Tribunal was justified in upholding the order passed by CIT(A). The CIT(A) has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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