Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
Allocation of enhanced FSI/TDR proceeds between cooperative society and individual flat-owners; tribunal deletes society LTCG addition, remits 80P ver...
ITAT allowed the appeal of the assessee-society and restored exemption under s.11. It held that the society is engaged in advancement of general public utility and its event-based receipts, being less than 20% of its gross receipts, fall within the tolerance limit under the proviso to s.2(15). Membership fees from associated, student and charter members were held not to be consideration for trade, commerce or business. The AO's conclusion that 48% of income was commercial and that a 22% surplus negated charitable character was rejected, relying on SC precedent. ITAT further found Form 10 had been duly filed, invalidating CIT(A)'s contrary ground.
ITAT allowed the appeal of the assessee-society and restored exemption under s.11. It held that the society is engaged in advancement of general public utility and its event-based receipts, being less than 20% of its gross receipts, fall within the tolerance limit under the proviso to s.2(15). Membership fees from associated, student and charter members were held not to be consideration for trade, commerce or business. The AO's conclusion that 48% of income was commercial and that a 22% surplus negated charitable character was rejected, relying on SC precedent. ITAT further found Form 10 had been duly filed, invalidating CIT(A)'s contrary ground.
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