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2021 (9) TMI 503 - AT - Income TaxDenial of exemption u/s 11 - Charitable activity u/s 2(15) - violation of provisions of section 13(1)(c) of the Act while using trademark “G.D. Goenka” by Shri Anjani Kumar Goenka; that the activities of the assessee society are commercial in nature; and that there is excess income over expenditure; that assessee is not entitled for depreciation as claimed - HELD THAT:- So far as question of using the trademark ‘G.D. Goenka” having goodwill and monetary value of the trademark which has been built up in the course of the assessee society’s activities is concerned, this issue has already been examined by the Hon’ble Delhi High Court in assessee’s own case [2017 (10) TMI 1584 - DELHI HIGH COURT] We are of the considered view that ld. CIT (A) has decided the issue in favour of the assessee by following the decisions rendered by Hon’ble Delhi High Court and coordinate Bench of the Tribunal in assessee’s own case for preceding years. Ld. CIT (A) has allowed the depreciation on fixed assets by following the decision rendered by Hon’ble Supreme Court in case of CIT-III, Pune vs. Rajasthan & Gujarati Charitable Foundation Poona [2017 (12) TMI 1067 - SUPREME COURT]. Since no distinguishing facts qua the year under assessment vis-à-vis preceding years have come on record, we find no infirmity or illegality in the impugned order passed by the ld. CIT (A), hence present appeal filed by the Revenue is hereby dismissed.
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