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2021 (5) TMI 962 - AT - Income TaxExemption u/s 11 & 12 - Charitable activity u/s 2(15) - exemption denied as assessee was involved in trade, commerce or business as there was a restaurant run in the name of Dilli Dastarkhwan in the premises of the assessee and the assessee was receiving income from the restaurant - HELD THAT:- We find that the Ld.CIT(A) has followed the decision of the Tribunal pertaining to Assessment Year 2009-10. [2014 (7) TMI 1339 - ITAT DELHI] - The Revenue has not brought any other binding precedent into our notice. Therefore, we find that there is no reason to interfere in the findings of Ld.CIT(A). Ground No.1 raised by the Revenue in this appeal is dismissed. Allowance of depreciation on fixed assets - CIT-A allowed deduction - HELD THAT:- CIT(A) has followed the judgement of Hon’ble Delhi High Court in the case of DIT(Exemption) vs Charanjiv Charitable Trust [2014 (3) TMI 760 - DELHI HIGH COURT] and also the judgement in the case of DIT(Exemption) vs Indraprashta Cancer Society [2014 (11) TMI 733 - DELHI HIGH COURT] No infirmity in the order of Ld. CIT(A) and same is hereby affirmed. Thus, Ground No.2 of the appeal raised by the Revenue is dismissed.
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