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2022 (2) TMI 36 - AT - Income TaxExemption u/s 11 - Charitable object u/s 2(15) - main object of the assessee was to run a nation-wide academic and research network, to undertake and promote R & D in the area of communication, develop policy options in the country for development of network infrastructure and to act as a research centre for technological and managerial resources in the area of computer network - as held that the appellant is covered by the proviso to amended definition contained in section 2(15) and its activities are not charitable and exemption under section 11 was denied - HELD THAT:- We find that this issue was discussed thread-bare by the Tribunal in the case for assessment years 2009-10 and 2010-11 [2018 (1) TMI 189 - ITAT DELHI] and held that no part of the function carried out by the assessee is in the nature of trade / business. The said order of the Tribunal has also been affirmed by the Hon’ble Delhi High Court [2018 (5) TMI 1814 - DELHI HIGH COURT] and2018 (9) TMI 1994 - DELHI HIGH COURT] respectively. Respectfully following the order of the Hon’ble High Court, who has upheld the order of the Tribunal holding that the same has to be laid down by the Hon’ble Delhi High Court in the case of M/s. GSI India Vs. Director General of Income Tax (Exemption) [2013 (10) TMI 19 - DELHI HIGH COURT]. Not only that again in the appeal for the assessment year 2011-12 passed by the Tribunal [2018 (11) TMI 509 - DELHI HIGH COURT] the Hon’ble High court has again confirmed the said order. It has been brought on record that for the assessment year 2012-13 also and again for the assessment year 2015-16 same orders have been followed. Accordingly, we hold that the issues raised by the Revenue are squarely covered by the decision of the Hon’ble Delhi High Court in the case of the assessee as well as by the Tribunal and, therefore, the appeals filed by the Revenue are dismissed.
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