T.N.C. RANGARAJAN, J.M, This appeal by revenue is directed against order of AAC granting exemption to assessee -trust under s 11 of IT Act. AAC found that objects of assessee trust had been examined in detail by Appellate Tribunal in order in I.T.A No. 1546 (Mad)/81 for asst. yr. 1976- 77. In that order Appellate Tribunal found that object of assessee- trust was advancement of education and relief to poor. trust held kalyanamandapam sits property. But,. letting out of building to earn income was only as investment of funds of trust and did not amount to carrying on of any activity for profit. AAC, therefore, found that on these facts it was not proper for ITO to deny exemption under s 11. revenue has appealed but is unable to controvert to finding of fact that assessee was not carrying on any business at all. income derived by letting out kalyanamandanpam was only income from property. Therefore it is not possible for revenue to invoke provisions of s. 13(1)(bb) which was brought into statue book later for purpose of denying exemption under s. 11, Only in respect of business incomes. since admittedly facts of this assessment year are not different from facts of asst yr. 1976-77, we are of opinion that AAC, was right in following order of Tribunal for earlier year and granting exemption under s.11. His Order is therefore, confirmed . appeal is dismissed. *** INCOME TAX OFFICER v. S.G.S. SABHA