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TMI Blog2017 (2) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... upholding, that the 'hostel facility' of the school provided exclusively to students of the school is not an integral part of "education" u/s 2(15) - but is a separate business activity in terms of section 11 (4A), by wrongly placing reliance on irrelevant material and findings on the issue are perverse and against the settled law. 3. Because, above finding of the learned lower authority is against the principle of consistency in as much as that since the inception of school the said activities is considered as part of 'education' and benefit u/s 11/12 is allowed with 100% similar facts and without any change in law about the first three limbs of section 2(15) even after 01.04.09. 4. Because, without prejudice to above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is favourable to assessee shall prevail. Therefore, it is prayed that finding of lower authorities for holding hostel facility as separate business activity etc. may kindly be quashed and disallowance and computation of taxable surplus of Rs. 39,31,650/- may kindly be held illegal and prayed to be quashed by holding activities of assessee as charitable in terms of s. 2(15) and disallowance of depreciation prayed to be quashed. However, without prejudice to above and only as an alternative and without dilution to above prayer, it is also prayed that computation of surplus is wrong and declared surplus may kindly be accepted and exemption on such may kindly be allowed. 2. The brief facts of the case are that the assessee is a registered s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es conf irmed the disal lowance of depreciation Rs. 89,38,507/- debited to P&L account without properly appreciating the law on the issue and arguments put forward by the assessee including the one that where there are two views than the one which is favour to assessee shal l prevail. Hence, he requested that disallowance in dispute may be deleted. In support of his contention, he rel ied upon the decision of the Hon'ble High Court in the case of Director of Income Tax (Exemption) vs. Indraprastha Cancer Society reported in [2015] 53 taxmann.com 463 (Delhi) and stated that the present issue in dispute is squarely by the aforesaid decision of the Hon'ble Delhi High Court. 6. On the other hand, Ld. DR relied upon the orders of the authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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