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TMI Blog2018 (2) TMI 1735X X X X Extracts X X X X X X X X Extracts X X X X ..... ain, Sr. Standing Counsel, with Mr. Deepak Anand, Advocates for the Revenue For the Respondent : Mr. Rishabh Sancheti, Ms. Padma Priya Mr. Anchit Bhandari, Advocates O R D E R The Revenue s appeal before this Court challenges an order of the ITAT. It is urged that the sum of ₹ 9 crores received by the assessee taken for bar code licensing fee is essentially a commercial receipt and therefore liable to be treated as such for the relevant Assessment Year. Concededly, the assessee is a charitable society and has got the protection of Section 2 (15) read with Section 10 (23)(C) of the Income Tax Act. This Court notices that the bar code licensing activity carried on by the assessee essentially hinges upon the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chamber of Commerce, and other such trade bodies, set up not for profit basis but should have been held to be charitable organizations such as Bureau of Indian Standards, ICAI Accounting Research Foundation, etc. (Bureau of India Standards v. Director General of Income Tax (Exemption) 2012 TOIL 928 (Del); ICAI Accounting Research Foundation v. Director General of Income Tax (Exemption) 321 ITR 73 (Del) }. Having regard to these facts and the conclusions of the lower appellate authorities, no question of law arises. The appeal is therefore dismissed. This Court by its judgment in GSI India Vs. Director General of Income Tax (Exemption) and Anr., (2014) 360 ITR 138 granted exemption under Section 2(15) read with Section 10(23C)(iv) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tivity under the residuary head general public utility but simultaneously regards the said activity as business. Thus the contention of the Revenue that the petitioner charges fee and, therefore, is carrying on business, has to be rejected. The intention behind the entire activity is philanthropic and not to recoup or reimburse in monetary terms what is given to the beneficiaries. Element of give and take is missing, but decisive element of bequeathing is present. In the absence of profit motive and charity being the primary and sole purpose behind the activities of the petitioner is perspicuously discernible and perceptible. 27. As observed above, fee charged and quantum of income earned can be indicative of the fact that the person ..... X X X X Extracts X X X X X X X X Extracts X X X X
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