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2016 (12) TMI 683

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..... General of Income Tax (2015 (1) TMI 928 - DELHI HIGH COURT ) whether curt had clearly ruled that the proviso was not designed to hit at those institutions which had advancement of objects of general utility at heart and were charity institutions but to remove masks from entities which were purely trade, commerce or business enterprises and to expose their true identity. Therefore, the Court deduc .....

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..... the Appellant : Ms. Vibhooti Malhotra, Adv ORDER 1. The question of law sought to be urged by the Revenue is: Whether in the circumstances of the case the Income Tax Appellate Tribunal (ITAT) fell into error in overlooking the proviso to Section 2(15) added by Finance Act, 2008. 2. The assessee is a charitable organization established with the purpose of promoting rifle shooting by it .....

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..... association should not be sought to be charitable having regard to the commercial nature of the services rendered by it. It was also highlighted that Surat Art Silk Cloth Manufacturers Association (supra) was decided in the absence of the proviso to Section 2(15). 4. This Court notices that the issue at hand has been decided in the judgment reported as India Trade Promotion Organisation vs Dir .....

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..... ctly in the nature of trade, commerce or business or indirectly in rendering of any service in relation to any trade, commerce or business, then it would not be entitled to claim that its object is charitable purpose. 5. Likewise, we notice that the earlier judgment dated 04.07.2013 in WP(C) 3147/2012, titled: The Institute of Chartered Accountants of India and Anr. vs Director General of Incom .....

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