Tribunal held that the assessee-society was a registered society under section 12A which was applicable to the assessment year under appeal because the registration in favour of the assessee-society was still in force. The nature of activity and objects of the assessee-society were the same as had been considered in earlier years. For the assessment year 2012-13, the Tribunal had held that the income of the assessee-society was entitled to exemption under section 11. The Tribunal order was challenged by the Revenue before the High Court which had dismissed the appeal holding that the assessee-society was entitled to claim relief under sections 11, 12 and 13. Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous.( AY.2014-15)
ACIT (E) v. India Habitat Centre (2021) 86 ITR 290 (Delhi)(Trib)
S. 11 : Property held for charitable purposes – Principle of consistency- No change in the nature of activities – Denial of exemption is not justified- Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous. [ S. 2(15), 12, 12A, 13 ]