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2018 (3) TMI 1925

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..... activities falls under last limb of section 2 (15) and hit by the proviso to section 2 (15) - HELD THAT:- The identical issue has been decided by the coordinate bench in case of the assessee for assessment year 2009 10 which has been upheld by Hon ble Delhi High Court [ 2015 (1) TMI 928 - DELHI HIGH COURT ] in favour of the assessee where the order of the coordinate bench has been upheld - we co .....

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..... xemption under section 11 and 12 of The Income Tax Act [ the Act ] to the assessee by applying the proviso to section 2 (15) was granted to the assessee. 2. The solitary ground raised by the revenue in its appeal is as under:- On the facts and circumstances of the case and in law, the Ld. CIT (A) has erred in law in holding that activities of the assessee are charitable in nature and that asses .....

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..... s of ₹ 15.96 crores, membership fees of ₹ 12 lakhs and other receipts. Therefore the Ld. AO was of the opinion that as assessee is charging fees and has received money from organizing seminars etc, hence, as object of the assessee is of general public utility and therefore it is hit by proviso to section 2 (15) of The Income Tax Act. The assessee submitted a detailed reply stating a de .....

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..... he coordinate bench for assessment year 2009 10. He further held that issue is squarely covered in favour of the assessee by the decision of the Hon ble Delhi High Court in case of Indian Trade Promotion Organization versus DGIT dated 22/1/2015. 5. Revenue aggrieved with the order of the Ld. CIT (A) has preferred an appeal before us. 6. The Ld. departmental representative relied upon the o .....

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..... of the coordinate bench has been upheld. In view of the above, we confirm the finding of the Ld. CIT (A) holding that assessee is eligible for that exemption u/s 11 and 12 of The Income Tax Act. In view of this ground No. 1 of the appeal of the revenue is dismissed. 9. In the result, appeal of the revenue is dismissed. Order pronounced in open court on 06.03.2018. - - TaxTMI - TMITax - .....

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