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TMI Blog2018 (8) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... faculties, conducting one-year part-time Diploma Courses, conducting Plastics Processing Operators Training (PPOT) in 100 Govt. Industrial Training Institutes (ITI) all over India, conducting two-day short-term courses and publishing IPI Journals giving latest technological developments. Assessee trust it is not carrying on any activity which can be termed as "commercial activity" or an activity in the nature of trade, commerce or business by conducting an International Conference. The assessee is disseminating knowledge on the subject of plastics by different ways and means like holding courses, holding conferences, holding lectures, publishing literature on new subjects, publishing its journal, conducting diploma course, etc. Thus the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceipts of the appellant do not fall under the definition of education or under any other object of general public utility. 4) The learned CIT(A) erred in holding that the receipts of the appellant were in the nature of business income. 5) The appellant prays that your honour hold that the appellant has fulfilled all the conditions for exemption u/s. 11 and denial of the same by AO and confirmation of the same by CIT(A), is not as per law. B) Not dealing with the issue regarding mutuality 6) Without prejudice to the above, the learned CIT(A) erred on facts and in law in not dealing with the alternative contention of the appellant that if exemption u/s. il is not available to the appellant, the income of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eous petition against its order of the Tribunal. The Hon'ble Appellate Tribunal had partly allowed the Rectification Application of the assessee-trust and deleted the words interest on deposit at ₹ 16,14,824/- for being treated as Business Income in para 7 of its order. 8. Thereafter, the assessee-trust had filed a Writ Petition against the order of the Hon'ble Appellate Tribunal dated 21st February, 2014 to the High Court at Bombay. Allowing the Writ Petition, the Hon'ble Bombay High Court held as under (page 158 of Volume II): 17. Once the Tribunal came to the conclusion that the Director had no jurisdiction to cancel the exemption for the assessment years prior to the amendment, which came in the Act from 1st J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Appeal No. 100 of 2015 does not survive and the same is disposed of. 9. In view of the aforesaid order of the High Court of Bombay the reliance placed on the order of the Appellate Tribunal dated 21-2-2014 by the CIT(A) in para 5.2 of his order is incorrect and bad in law. 10. Considering that the activities of the assessee-trust are for advancement and development for the benefit of its members and public, the art, science, technology and engineering of plastics, natural and synthetic and other related materials which is achieved through regular technical lectures, seminars and workshop on topical interest, and international conference held in India by inviting foreign delegates and faculties, conducting one-year part-time ..... X X X X Extracts X X X X X X X X Extracts X X X X
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