TMI Blog2014 (6) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... objects of the Trust – there was no error in the order of the CIT(A) in allowing the exemption u/s 11 of the Act – Decided against Revenue. - I.T.A. No. 2668/Mum/2012 - - - Dated:- 16-5-2014 - Shri P. M. Jagtap (AM) And Vivek Varma, (JM),JJ. For the Appellant : Shri Girija Dayal For the Respondent : Shri S. A. Mukadam ORDER Per P. M. Jagtap, AM: This appeal is preferred by the Revenue against the order of ld. CIT(A)- 1, Mumbai, dated 7.3.2012 and in the solitary ground raised therein, the Revenue has challenged the action of the ld. CIT(A) in holding that the assessee is entitled to exemption u/s 11 of the Income Tax Act, 1961 (the Act). 2. The assessee in the present case is a charitable trust with its mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made on behalf of the assessee and following the decision of the Tribunal rendered in assessee s own case on similar issue for assessment year 2007-08 vide its order dated 30.11.2011 passed in ITA No.5760/Mum/2010 , the ld. CIT(A) vide para 4 of his order allowed the claim of the assessee for exemption u/s 11 of the Act by observing as under : 4. The AO analyzed the courses actually conducted during the period relevant to the Assessment Year 2007-08. From the various details furnished by the assessee he noted that the assessee has made profit of Rs.99,22,167/- on account of DG Shipping approved courses conducted at Lonavala and made a profit of Rs.2,08,19,001/- on account of non approved courses conducted at Govandi, Mumbai. The AO wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the claim of exemption u/s.11 of the I.T. Act. 4. Aggrieved by the order of ld. CIT(A), the Revenue has preferred this appeal before the Tribunal. 5. We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that the claim for the assessee for exemption u/s 11 was disallowed by the AO in AY -2007-08 on the similar ground and the order of the ld CIT(A) reversing the order of the AO and allowing the claim of the assessee for exemption claim u/s 11 was upheld by the Tribunal vide its order dated 30.11.2011 passed in ITA No.5760/Mum/2010 for the reasons given in para 9.6 which reads as under : 9.6 We find the Delhi Bench of the Tribunal in the case of S.R.M Foundation of India ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st. In this view of the matter and in view of the detailed observations given by the Ld. CIT(A) on this issue we do not find any infirmity in the same and accordingly the same is upheld. The grounds raised by the Revenue are accordingly dismissed. 6. As the issue involved in the year under consideration as well as all the material facts relevant thereto are similar to that of assessment year 2007-08, we respectfully following the decision of Co-ordinate Bench of this Tribunal rendered for assessment year 2007-08 and uphold the order of the ld. CIT(A) allowing the claim of the assessee for exemption u/s 11 of the Act. 7. In the result, appeal of the revenue is dismissed. Order pronounced in the open court on 16 th May, 2014. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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