TMI Blog2021 (9) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... II, Pune vs. Rajasthan Gujarati Charitable Foundation Poona [ 2017 (12) TMI 1067 - SUPREME COURT]. Since no distinguishing facts qua the year under assessment vis- -vis preceding years have come on record, we find no infirmity or illegality in the impugned order passed by the ld. CIT (A), hence present appeal filed by the Revenue is hereby dismissed. - ITA No. 3598/Del./2018 - - - Dated:- 7-9-2021 - SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ASSESSEE BY : SHRI AMIT GOEL, CA REVENUE BY : MS. ANIMA BARNWAL, SENIOR DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, DCIT, Central Circle 15, New Delhi (hereinafter referred to as the Revenue ) by filing the present appeal sought to set aside the impugned order dated 22.02.2018 passed by the Commissioner of Income-tax (Appeals)-40, New Delhi qua the assessment year 2014-15 on the grounds inter alia that :- 1. On the facts circumstances of the case the CIT (A) has erred in deleting the addition of ₹ 4,22,76,205/- made by AO on account of denial of exemption u/s 11 of the Income Tax Act, 1961. 2. On the facts circumstances of the case the CIT (A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . DR for the Revenue, ld. AR for the assessee society relying upon the order passed by the ld. CIT (A) contended inter alia that the issue in controversy has been consistently decided by the coordinate Bench of the Tribunal in favour of the assessee society since AY 2009-10 in ITA No.3572/Del/2013 order dated 02.02.2017, which has been confirmed by the Hon ble Delhi High Court vide order dated 30.10.2017 passed in ITA 821/2017, copies are available at pages 1 to 22 and 23 to 25 of the paper book respectively; that findings return by the AO are factually incorrect that assessee is into the activities which are commercial in nature and profit earning purpose because assessee has been employing his income for charitable purposes in furtherance of its object; and that the amount of obligation for charitable purposes is more than the income. Ld. AR for the assessee society also filed the orders passed in its own favour in assessee s own case by the coordinate Bench of the Tribunal for AYs 2005-06, 2010-11 2011-12 in ITA Nos.4133, 4134 4135/Del/2015 order dated 04.07.2081 and AY 2012-13 in ITA No.5043/Del/2015 order dated 23.03.2018, available at pages 33 to 37 and 26 to 29 of the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alia, impugned order, assessment order t paper book of the assessee spread over 13 pages and respectful consideration of the ratio of .the decision cited at bar by the parties, we are of the view that undisputedly the registration granted to the assessee u/s 12A of the Act has not been cancelled or withdrawn by the OIT (E) or any other competent authority thus it is In force tilt date. 12. We further point out that the Division Bench of Hon ble High Court of Delhi in the order dated 29.5.2009 has vacated that stay order granted by the Ld. Single Judge and PERMITTED Goenka Institute of Education and research to use the name Goenka Pubic School with respect to the schools during pendency of the suit subject to directions in para 28 of said judgment. 13. On specific queries from the bench neither the Ld. AR nor the Ld DR could assist the Tribunal about the final decision in this case of Trade Mark dispute between the Goenka Institute of Education and Research and Shri Anjani Kumar Goenka (A. K. Goenka) thus we safely presume that the final verdicts in this case is stilt awaited and in absence of any other final verdict, the Ld. CIT (A) was correct in holding that Mr. A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jantar Educational Institution vs ACIT (Supra) and Queens' Educational Society vs. CIT (Supra). The AO also alleged that the Interest free advances to the parent society of school i.e. G.R. Goenka Education Society as at the same time it had an outstanding liability of ₹ 6.33 crores in the shape of Bank loan taken @ of 12.5% per annum Interest and it created a deficit In the accounts to create a scenario for charging high fee from the students. On this allegation we are of the view that when these funds have finally reached to Shree Balkrishna Education and Social Welfare Society for construction of school building wherein 600 students of the assessee standing in the rooms constructed as temporary structure on the area intended for playground were to be shifted. We also observe that beside above noted fact that the AO and Ld. DR could not controvert the fact that the parent society transferred the funds to Shri Balkrishna Society which was merged with the assessee society on 26.4.2011 vide order no.RFS/S-2494/68 by the order of the Registrar of societies. In the above given situation, the interest free funds transferred to Shri Balkrishna Society (thought the parents soci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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