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TMI Blog2019 (6) TMI 1582X X X X Extracts X X X X X X X X Extracts X X X X ..... vices in relation to carrying on of commerce or business and hence, proviso to Section 2(15) is clearly application in the case of the assessee. 2. On the fact in the circumstances of the case in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 1,09,75,693/- made on account of bank interest being not covered under principle of mutuality in view of the Judgment of Hon'ble Supreme Court in the case of Bangalore Club Vs CIT 350 ITR 509 (SC). 3. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing." 3. The assessee Society is registered u/s 12A of the Income Tax Act, 1961 (the Act) vide order dated 13.01.1989. The Society was also granted approval u/s 80G(5)(vi) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment Year is squarely covered in favour of the assessee by the Tribunal's order in assessee's own case for A.Y. 2012-13 being ITA No. 1847/Del/2016 and also that of Hon'ble Delhi High Court in assessee's own case in respect of A.Ys. 1990-91 to 1998-99 being ITA Nos. 226/2005, 228/2005, 229/2005, 230/2005, 1175/2008, 1288/2008 & 1177/2008 order dated 12.10.2011. 7. We have heard both the parties and perused all the material available on record. The Hon'ble Delhi High Court in assessee's own case vide judgment dated 12.10.2011 has held that there is no case made out by the Revenue that the surplus are being appropriated by any individual or by a group of individuals and hence restored the exemption granted u/s 12A of the Act to the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had reviewed all the case law on this aspect to reach a conclusion that when the assessee registered as charitable trust, it income cannot be computed on the principle of mutuality but required to be computed u/s 11,12 & 13 of the Act. This decision is followed by another coordinate bench in ITA No. 4212/Del/2012 for the AY 2009-10. 13. In view of the decision of the Hon'ble Apex Court in the case of Radhasaomi Satsang, in the absence of any material change justifying the department to take a different view from that taken in earlier years, the question of exemption of the assessee should not have been reopened and though strictly speaking the principles of res judicata does not apply to the income-tax proceedings, each assessment year b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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