JT CIT (E)1(1), MUMBAI vs. INDIAN MERCHANTS CHAMBER, MUMBAI

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ITA 2337/MUM/2018Status: DisposedITAT Mumbai30 July 2019AY 2012-135 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the issue had already been decided in favour of the assessee by a coordinate bench in its own cases for earlier assessment years. Since there was no change in facts, the Tribunal dismissed the revenue's appeal.

What were the facts?

The assessee trust, registered under sections 12A and 80G, filed a return declaring a loss. The Assessing Officer (AO) determined total income by treating trust receipts and interest income as non-charitable. The CIT(A) partly allowed the appeal, directing the AO to allow exemption under section 11, following previous ITAT decisions.

What were the issues?

Whether the CIT(A) erred in allowing exemption under section 11 by following previous ITAT decisions, despite the revenue's arguments about the nature of the assessee's activities and the proviso to section 2(15).

Which sections of the Income-tax Act were involved?

Section 11,Section 12A,Section 80G,Section 143(3),Section 2(15)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “C”, MUMBAI

Before: SHRI G. MANJUNATHA (AM) & SHRI RAM LAL NEGI (JM)

For Appellant: Ms. Saroj Maniar/Ms. Mrunmayee
For Respondent: Shri Abi Rama Kartikiyen(DR)
Hearing: 15/07/2019Pronounced: 30/07/2019

आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : अपील र्थी / The Appellant 1. प्रत्यर्थी / The Respondent. 2. आयकर आय क्त(अपील) / The CIT(A)- 3. आयकर आय क्त / CIT 4. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, 5. ITAT, Mumbai

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