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2017 (10) TMI 1592

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..... not need any interference on our part, hence, we affirm the impugned order of the Ld. CIT(A) on the issues in dispute and reject the grounds raised by the Revenue. - I.T.A. No. 4821/DEL/2016 - - - Dated:- 4-10-2017 - Shri H.S. Sidhu, Judicial Member And Shri L.P. Sahu, Accountant Member For the Revenue : Sh. Arun Kumar Yadav, Sr. DR. For the Assessee : Sh. Ashish Chadha, CA. ORDER PER H.S. SIDHU : JM The Revenue has filed this Appeal against the impugned Order dated 24.6.2016 of the Ld. CIT(A)-40, New Delhi relevant to assessment years 2012-13. 2. The grounds raised in this Appeal read as under:- 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the .....

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..... ubsequent notice u/s. 142(1) of the Act, the AR of the assessee appeared from time to time and submitted details and particulars as requisitioned. The assessee is registered u/s. 12A of the Act vide registration dated 15.5.1974. The Trust received order u/s. 80G(5) vide DIT(E), Delhi order dated 02.12.2009 applicable for period commencing from AY 2010-11 till date it is rescinded. The objects of the society as per its MOA are to establish, maintain and conduct one or more National or International Youth Centers at and suitable Centres in India, for the benefit of the foreign students and youth delegations as well as individuals visiting India. The society also sponsors programmes for interaction of youth leaders, young workers and students .....

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..... the Hon ble Delhi High Court decision for AY 2011-12, in assessee s own case by which the issue in dispute is squarely covered. 4. Ld. DR relied upon the Order of the AO and reiterated the contentions raised in the grounds of appeal. 5. On the contrary, Ld. Counsel of the assessee has relied upon the order of the Ld. CIT(A) and stated he has passed a well reasoned order which does not need any interference. 6. We have heard both the parties and perused the relevant records, especially the impugned order as well as the Paper Book filed by the assessee s counsel. This Appeal has been filed by the Revenue against the order dated 24/06/2016 passed by the Ld. CIT(A) u/s 250 of the Income Tax Act, giving relief on the following issues: .....

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..... -186) by holding as under:- .......The AO felt that since the assesses were engaged in providing commercial activity, he proviso to Section 2(15) was attracted. The ITAT ruled - on the basis of this Court judgements in India Trade Promotion Organization vs. DGIT 2015 (374) ITR 333 and Institution of Chartered Accounts vs. DGIT(E) 2013 (358) ITR 91 (Del.) that the mere circumstances of collection of such amounts did not result in the assesses losing their essential character of being established for charitable purposes. We are of the opinion that the ITAT s decision is sound in law and facts. No substantial question of law arises. The appeals are accordingly dismissed. 7. In view of the above, we are of the considered view t .....

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