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2019 (3) TMI 797 - AT - Income TaxDisallowance exemption u/s 11 and 12 - violation of provision of FCRA Guidelines - amounts were received by the assessee as commercial fee - applicability of proviso to amended Section 2(15) - private gain - HELD THAT:- In subsequent assessment years 2013-2014 and 2014-2015 considered similar objects of assessee and after examining the details found that assessee is registered under section 12AA and that objects of the assessee company are charitable, within the meaning of Section 2(15). The returned Nil income was thus accepted. It is well settled Law that though the principles of res judicata do not apply to the income tax proceedings, but, rule of consistency shall have to be applied by the Income Tax Authorities. We rely upon decision of the Hon’ble Supreme Court in the case of Radha Soami Satsang [1991 (11) TMI 2 - SUPREME COURT]. CIT(A) examined the entire issue in detail and have given a specific finding of fact in favour of the assessee that the assessee is engaged in the charitable activities and that the amount in question have been spent for charitable activities. Even if some amount have been received by assessee, that was received for charitable purposes only and no personal gain have been obtained by the assessee company. The finding of fact recorded by the CIT(A) have not been rebutted through any evidence on record. We, therefore, do not find any error in the order of the CIT(A) in allowing exemption under section 11 - Decided against revenue.
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