Section 11, 12 of Income Tax act, 1961—eligilbility for exemption u/s 11—In the instant case, AO noted that assessee has provided transport facilities as well as hostel facilities to the students and have charged transportation fees and hostel fees from them. According to him, in short, these activities are not eligible for exemption under section 11 and 12.

Held that— following the decision of the coordinate bench in case of Krishna educational society vs. Additional Commissioner Of Income Tax (supra) , we allow the appeal of the assessee and hold that assessee is entitled to exemption under section 11 and 12 of the income tax act with respect to the hostel and transport facilities provided to the students of the educational society. In the result, the appeal of the assessee is allowed as per ground number three raised before us.

Further it is not required to adjudicate on the enhancement made by the learned commissioner of income tax appeals as the basis of the enhancement itself has been negated by us.[AKASH EDUCATION SOCIETY VERSUS JCIT, RANGE-3, NOIDA] [2018] 7 ITCD Online (106) [ITAT DELHI]