9911796707
TMI Blog2018 (11) TMI 1894X X X X Extracts X X X X X X X X Extracts X X X X ..... al is filed by the Revenue against the order of CIT(A)-10, Pune, dated 15-07-2016 for the Assessment Year 2012-13. 2. Briefly stated, relevant facts include that the assessee is a society registered under the Societies Registration Act, 1860 and Bombay Public Trust Act, 1950. Assessee is also registered u/s.12A of the I.T. Act. Assessee filed the return of income declaring Nil income. Assessee be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee out of the resources of the trust to SBC violating the provisions of section 40A(2)(b) of the Act. 3. During the First Appellate proceedings, the CIT(A) noted vide Para No.9 that similar issue reached the Tribunal in the earlier assessment years. The Tribunal, on similar facts and issues, raised by the Revenue, directed for grant of exemption to the assessee society u/s.11 of the Act by ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case and in law, the Ld.CIT(A) was correct in holding that the assessee was allowed to claim exemption u/s.11 of the I.T.Act, 1961 despite the fact that the payments were made to prohibited persons as defined u/s.13(1)(c) and 13(2)(c) of the I.T. Act, 1961." 5. Ld. DR for the Revenue, while relying on the order of the AO, submitted that the Ld.CIT(A) war not correct in holding that the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal in the assessee's own case for the A.Yrs. 2010-11 and 2011-12. For the sake of completeness, we proceed to extract the operational para of the order of the Tribunal here as under : "7. We have heard the rival submissions and perused the material on record. The issue in the present case is with respect to denial of exemption by invoking the provisions of sec.13(1)(c) of the Act. We find t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... always paid by the assessee to the said SBC. In the process, the Tribunal relied on its own order in the assessee's own case for the A.Y. 2008-09 as extracted in Para No.5 of the order of Tribunal. Considering the settled nature of the issue, we are of the opinion that the order of the CIT(A) is fair and reasonable and it does not call for any interference. Accordingly, the grounds raised by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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