2017 (10) TMI 1410

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..... t, ignoring that the activities of the trust were not within the purview of section 2(15) of the Act, 1961 during the year." 2. "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in allowing the claim of depreciation of Rs. 2,55,61,000/- to the assessee ignoring the fact that the assessee had claimed the amount incurred on purchase of assets in earlier years as application of income, on which depreciation is claimed now and further allowance of depreciation will be tantamount to double deduction." 3. "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in allowing the claim of depreciation of Rs. 2,55,61,000/- to the assessee in view of the recent decision of the .....

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..... / trade colour. The dominant object of the assessee is definitely for the well being of public at large by organizing various seminars for the welfare of people by disseminating knowledge in various fields in order to uplift the social consciousness of the society at large. The composition of membership clearly exemplifies the real intention of assessee. We fail to understand as to how the hostel accommodation provided to various invitees could be considered as a commercial activity. Before any activity can be branded as being in the nature of trade or commerce, the AO has to demonstrate the intention of parties Backed with facts and figures of carrying out activities with profit motive. Mere surplus from any activity, which undisputedly ha .....

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..... ed by the ld. CIT(A). Therefore, these grounds do not arise out of the impugned order. The aforesaid contention of the ld. Counsel for the assessee was not controverted by the ld. DR. 8. After considering the submissions of both the parties and the material available on record, it is noticed that the ld. CIT(A) has not given any findings on the aforesaid issues, since those were not the subject of his consideration and moreover, when the exemption u/s 11(1) of the Act is allowed to the assessee those issues become academic in nature. We, therefore, do not see any merit in these grounds of the departmental appeal. 9. In the result, the appeal of the department is dismissed. (Order Pronounced in the Court on 09/10/2017)
Case laws, Deci .....

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