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2017 (11) TMI 1986 - AT - Income TaxDenial of exemption under section 11 - AO treating the assessee as a mutual concern - proof of charitable purposes u/s 2(15) - HELD THAT:- As decided in own case [2017 (5) TMI 295 - ITAT MUMBAI] neither the Assessing Officer in the assessment order nor the learned Departmental Representative at the time of hearing has brought any material to demonstrate that there is any change in the object of the trust in the impugned assessment year as compared to earlier assessment years, wherein, the issue has been decided in favour of the assessee. For invoking the first proviso to section 2(15), it is necessary and incumbent on the part of the Assessing Officer to give a factual finding that the assessee has derived income by engaging itself in trade, business or commercial activity. In the absence of any such finding the first proviso to section 2(15) cannot be attracted. More so, when the Tribunal and the Hon'ble Jurisdictional High Court in the preceding assessment years have held that the objects of the assessee qualify the object of general public utility, hence, is existing for charitable purpose as per section 2(15) - Decided in favour of assessee.
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