- (1.) Heard Sri Abhinav Mehrotra learned counsel for the appellant and Sri Praveen Kumar learned Advocate for the revenue.
(2.) This is an Income Tax Appeal arising out of the order dated 21.09.2016 passed by the Income Tax Tribunal, Delhi Bench, Delhi in I.T.A No.4238/DEL/2015 whereby the appellate order of CIT(A) and the assessment order dated 12.03.2013 passed by the Additional Commissioner of Income Tax, Range-1, Ghaziabad had been affirmed. The appellant Daya Nand Pushpa Devi Charitable Trust, Ghaziabad, U.P. (hereinafter referred as "Assessee") is a registered trust created by the trust deed dated 05.09.1988. As per the objects of the trust, it was created for carrying out the cause of public charity within India; few of the objects stated in the trust deed are as under:- (ii)"To promote education in commerce, Science, Art, Engineering, Technical subjects, Management Studies, Vocational or Professional subjects and to Establish and Maintain or give aid to Institution or Institutions:- (a) For giving training in commerce, Trade and Industry and vocational lines and other professions of General Importance. (b) For imparting education to children boys, Girls and to Men and Women." (ix) To form, assist, support, establish and maintain libraries and reading Room and to establish and maintain Boarding Houses and Hostels and assist such institutions."
(3.) The trust is running a Dental College in the name & style of Harsharan Dass Dental College at Ghaziabad. The hostel for residence of the students admitted in the said college is also being run and managed by the trust. The trust claimed that all its activities are covered under Section 2 (15) of the Income Tax Act' 1961(In short referred to as the "Act"); and had applied for the registration under Section 12-A of the Income Tax Act, which had been duly granted by the Commissioner, Income Tax, Meerut vide order C No. 40(40)/Registration/GZB/9902000/CIB/1960 dated 02.05.2000.;