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2014 (3) TMI 1086 - ITAT MUMBAIBenefit of exemption to the assessee u/s 11 - AO treating the assessee as mutual concern and not a trust - Held that:- CIT(A) has held that the assessee is entitled for the benefit of exemption u/s 11 of the Act by relying on the decision of the Tribunal in the assessee’s own case for the assessment year 1996-97 to 2000-01 wherein it has held that the assessee is a charitable club and it is entitled to claim exemption u/s 11 of the Income-tax Act in respect of the income under consideration. It is also noted that the said order of the Tribunal has been upheld by the Hon’ble High Court of Bombay. In the absence of any distinguishing fact brought by the revenue during the year under consideration and also in view of the fact that the Tribunal order as upheld by the Hon’ble Bombay High Court has not been reversed by the Hon’ble Apex Court, we do not find any justifiable reason to interfere with the of the Ld.CIT(A) and therefore the same is upheld. - Decided against revenue
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