9911796707
TMI Blog2013 (12) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (A) has failed to appreciate the fact that assessee is engaged in hiring of auditorium and providing space on rent on day to day basis and earning business income therefrom and treating the same to be as charitable activities. iii) On the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (A) has failed to appreciate the fact that assessee is neither in the field of education, nor in the field of medical relief of the poor and it can be considered after seeing the activities carried out by the assessee, as falling within scope of 'general public utility' as per section 2(15) of the Income Tax Act, 1961. iv) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were the principal activity of the assessee, conducted with a clear profit motive and not an incidental activity. ii) The donation to SRCPA, an organization controlled by main Trustees of Indian National Theatre Trust, is nothing but an attempt to show case charity and thus claim exemption. The assessee Trust never engaged into any attempt to seek accountability of funds donated by it, from the recipient organization. iii) Though the assessee was allowed benefit of section 80G(5)(vi), no donation was received by it during the F.Y. 2008-09, which shows that its activities was not considered worthy of donation by any donor. iv) The surplus funds continues by utilize the same for addition to fixed assets or actively promote objects as per T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of charitable activities and same does not result in any earning to the trust. With a view to earn income for the purpose of carrying on the charitable activities, the trust had partly let out the premises so as to earn regular income. The deficit of making available the auditorium for promoting dance, drama, music, education etc. is met out of the said rental income. Further, our trust also supports charitable activities being carried by other on charitable institutions having objects consistent with our object by way of making donations to them. The aforesaid position is being there for number of years and charitable activities of our trust have always been accepted in the past. The Assessing Officer however rejected the contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve. Ld. Commissioner of Income Tax (A) concluded as under:- "Furthermore, in Annexure II of the reply, full details of the date-wise hiring has been made available, perusal of the same reveals the fact that it has been made available mainly for music, drama, classical dance activities. In the Annexure III head-wise allocation of the expenses has been made available for three years which clearly chows that there is no difference in the activities of the appellant from earlier two years. So, finding of assessment year 2008-09 made by Hon'ble Delhi High Court in appellant's own case is clearly attracted. In view of above discussion, grounds no. 1 to 11 of the appellant are allowed." 5. Against the above order the Revenue is in appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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