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2016 (8) TMI 1277 - BOMBAY HIGH COURTBenefits of Section 11 - whether the Tribunal was right in holding that the assessee as a charitable organization? - Held that:- In earlier decision for the Assessment Years 1996-97 to 2000-01 wherein on an identical facts, the Tribunal held that the Respondent-Assessee being a charitable trust, is eligible for exemption under Section 11 of the Act. Nothing has been shown to us to indicate that appeals therefrom has been filed by the Revenue, one has to proceeds on the basis that the Revenue has accepted the same. Further, no distinguishing features in the subject Assessment Year to that in Assessment Years 1996-97 to 2000-01 has been shown. Therefore, on principle of consistency and law of precedence, it must equally apply to subject Assessment Year. - Decided in favour of assessee Contravention of provisions of Section 13(1)(c), 13(3) & 11(4A) - Tribunal correctness in allowing the benefits of Section 11 - Held that:- The impugned order of the Tribunal has not given any final ruling of the extent the benefit under Section 11 of the Act is available to the Respondent-Assessee. This in view of the fact that the impugned order has upheld the directions of the Commissioner of Income Tax (Appeals)[CIT(A)] to the Assessing Officer to verify the claim of the Respondent-Assessee that the expenses have been applied towards object of the charitable trust. It further specifically states that only to the extent the income has been applied to the object of the charitable trust, would the Respondent-Assessee be entitled to its claim of relief under Section 11 of the Act. No substantial question of law
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