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2018 (5) TMI 640

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..... This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 12th January, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2009-10. 2. The following reframed question of law arises for our consideration : "Whether on the facts and in the circumstances of the case and in law, the Tribunal was r .....

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..... . Being aggrieved with the order dated 8th February, 2011, the respondent carried the issue in an appeal to the Tribunal. By the impugned order, the Tribunal found as a fact that the receipts of the respondent were on account of subscription of members, holding exhibitions, seminars, publishing Journals for its members etc. Thus, not an activity carried out for outsiders for commercial purposes. M .....

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..... Income Tax (Exemptions) Vs. North Indian Association, 393 ITR 206 and Director of Income Tax (Exemptions) Vs. Khar Gymkhana, 385 ITR 162. 6. In the present facts, we find that the Tribunal has rendered a finding of fact that the respondent is not carrying on any activity in the nature of trade, commerce or business to be hit by the proviso to Section 2(15) of the Act. This finding of fact has not .....

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