TMI Blog2011 (8) TMI 1269X X X X Extracts X X X X X X X X Extracts X X X X ..... nt order are that the return was filed on 31.10.2007 disclosing nil income. It was picked up for scrutiny by issuing notice u/s 143(2) on 30.7.2008 which was served on the assessee. It was found that the assessee was registered u/s 12A(a) of the Act on 09.02.1977. It has also been approved u/s 80G of the Act. The main object of the society is to promote artistic and cultural expression through dramas, music, education etc. It owned an auditorium situated at 4, Safdar Hashmi Marg, New Delhi. The auditorium is claimed to have been used for promoting the objects of the trust. The main income of the assessee consists of hiring charges of the auditorium and rental income and maintenance charges received from two tenants, Benet Coleman Co. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee claimed expenditure for purchase of fixed assets 7,48,000/- 25,58,420/- Total taxable income 77,74,606/- Rounded off 77,74,610/- 2.1 The ld. CIT(A) allowed the appeal of the assessee by relying on the decision of the Tribunal in the case of the assessee in ITA No. 7892(Del)/91 for assessment year 2006-07, ITA No. 7893(Del)/91 for assessment year 1988-89 and ITA No. 1589(Del)/92 for assessment year 2007-08 (there seems to be some thing wrong in this part of the order). The order of the Tribunal in turn relied on the decision in the case of Galib Institute Vs. ACIT, (1995) 53 IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence either of fact or of law and respectfully following the said analogy, the appeals of the assessee are to be allowed. 4.1 The facts in the case of Galib Institute (supra) are that the assessee derived income from rent including rent from hiring of auditorium and furniture and fixture. The AO treated the income as business income and invoked the provision contained in section 11(4A). Since separate books of account were not maintained, he denied deduction u/s 11. The operative portion of the decision reads as under:- In all the above cases, their Lordships were considering the words the advancement of any other object of general public utility not involving the carrying on of any activity for profit . Their Lordships have come t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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