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    <title>2024 (11) TMI 641 - ITAT DELHI</title>
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    <description>ITAT Delhi held that CIT&#039;s revision u/s 263 was unsustainable where the assessee society&#039;s activities were wrongly characterized as commercial rather than charitable. The court distinguished the case from Petrotech precedent, finding that an organization formed to secure members&#039; interests doesn&#039;t automatically make it commercial in nature. The society, established as Government of India initiative to bring hydrocarbon industry stakeholders together with consumers as ultimate beneficiaries, couldn&#039;t be labeled a lobbying agency. No evidence showed funds were used to promote individual members&#039; business interests or procure business for members. The revision order lacked legal basis and was based on surmises beyond section 263 scope. Appeal allowed in favor of assessee.</description>
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    <pubDate>Tue, 12 Nov 2024 00:00:00 +0530</pubDate>
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      <title>2024 (11) TMI 641 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=761655</link>
      <description>ITAT Delhi held that CIT&#039;s revision u/s 263 was unsustainable where the assessee society&#039;s activities were wrongly characterized as commercial rather than charitable. The court distinguished the case from Petrotech precedent, finding that an organization formed to secure members&#039; interests doesn&#039;t automatically make it commercial in nature. The society, established as Government of India initiative to bring hydrocarbon industry stakeholders together with consumers as ultimate beneficiaries, couldn&#039;t be labeled a lobbying agency. No evidence showed funds were used to promote individual members&#039; business interests or procure business for members. The revision order lacked legal basis and was based on surmises beyond section 263 scope. Appeal allowed in favor of assessee.</description>
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