TMI Blog2011 (2) TMI 1538X X X X Extracts X X X X X X X X Extracts X X X X ..... t the outset, ld. counsel of the assessee placed on record the order of the ITAT in assessee s own case in ITA No. 3747, 3887, 862 and 2354 for assessment yeqars 1001-02, 2003-04, 2004-05 and 2005-06 respectively. In all these decisions assessee has been granted the benefit of exemption u/s 11 and 12 of the IT Act. 3.1 Ld. Departmental Representative relied upon the orders of the authorities below. However, he accepted that in assesse s own case the matter has been decided by the tribunal in assessee s favour. 4. We have carefully considered the submissions. We note that the tribunal in ITA No. 2354 for A.Y. 2005-06 vide order dated 13.8.2009 has adjudicated the issue as under:- 6. We have carefully perused the aforesaid tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al for the assessment year 1993-94 was followed by the tribunal for the assessment years 1994-95 to 1996-97 and 1998-99. In view of thes consistent orders, in one of which the assessee s ground to the effect that in view of the litigation pending before the Hon ble High Court the income could not be applied for charitable purposes and it must be taken to have been accumulated has also been considered, we hold that nothwithstanding the reason given by the Ld. Commissioner of Income Tax (Appeals) in the impugned order that the assessee did not apply its income to any charitable activity in India during the year, the assessee would be eligible for the exemption under section 11. Admittedly, the facts for the year under appeal are the same in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id tribunal s order for the assessment year 2001-02 has been followed by the tribunal in the assessment year 2003-04 vide order dated 28.3.2008 in ITA No. 3887/del/2007. 8. In the light of the earlier orders of the tribunal in the matter and there being no change in the facts of the case in the present assessment year vis a vis the facts in the assessment year 2001-02 and 2003-04, we are inclined to uphold the order of the Ld. Commissioner of Income Tax (Appeals) in holding that the assessee is entitled for exemption under section 11 and 12 of the Act. 9. In the result, the instant appeal filed by the revenue is dismissed. 5. Since the facts in the present cases are identical as referred in earlier years of the tribunal. We are up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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