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2018 (9) TMI 602 - ITAT DELHIClaim of exemption u/s 11 - activities of NDDB (i.e. the assessee) involved the rendering of services in relation to carrying on commercial or business activities and is clearly covered by the new proviso to section 2(15) therefore, the assessee cannot be treated to be engaged in charitable activities - Held that:- We find the CIT(A) allowed the claim of exemption u/s 11 and 12 on the ground that in the immediately preceding assessment year, CIT(A) has allowed the claim of exemption u/s 11 and the Revenue has not challenged the same. In the immediately succeeding assessment year the AO himself has allowed the claim of exemption u/s 11 by treating the activities of the assessee as charitable in nature. No infirmity in the order of the CIT(A) since in the immediately preceding assessment year the CIT(A) has allowed the claim of exemption u/s 11 which has attained finality and the AO himself in the subsequent assessment year has treated the activities of the assessee as charitable in nature and has allowed the claim of exemption u/s 11 therefore, the order of the CIT(A) is upheld and the grounds raised by the Revenue are dismissed. Short computation of interest u/s 244A by computing interest for the period till issuance of refund instead of the period till receipt of refund - Held that:- We, therefore, restore this issue to the file of the AO with a direction to compute correct interest u/s 244A as per law. AO shall give due opportunity of being heard to the assessee while calculating such interest. The ground raised by the assessee in the Cross Objection is accordingly allowed for statistical purposes.
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