Allowing the appeal, the Court held that since the assessee had retained less than 20 per cent of the donation. Of the total donation received, he had concluded that the assessee could not be treated as engaged in trade, commerce or business as prescribed in the Supreme Court decision. Therefore, the Tribunal had erred in disallowing the surplus of income over expenditure, denying exemption under section 11 for the assessment year 2009-2010 and in holding that the assessee was engaged in the “advancement of object of general public utility” but was covered by the proviso to clause (15) of section 2. There was, therefore, no necessity to remand the matter to the Assessing Officer.(AY.2009-10)