2018 (5) TMI 2009

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.... "1. On the facts and in the circumstances of the case and in law, the ld. CIT (A) has erred in upholding that the activities of the assessee are charitable in nature. 2. On the facts and in the circumstances of the case and in law, the ld. CIT (A) has erred in upholding that the assessee is eligible for exemption u/s.11 of the Income Tax Act, 1961." 2. At the outset, ld. counsel for the assessee submitted that the issue involved is squarely covered by the decision of Hon'ble Delhi High Court in the case of the assessee for the Assessment Years 2006-07 and 2007-08, wherein the Hon'ble Delhi High Court held that the assessee is a charitable organization and not carrying out any business activity in the natur....

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....rogram 3,08,32,398/- v) Legal and arbitration fees 12,500/- vi) Sale of publication 33,220/- vii) Miscellaneous 84,45,752/- The details of specialized services are given in the schedule 13. Certificate Fees 84,23,352 Secretarial Affiliates 12,66,000   96,89,352  The details of service and facilities are mentioned in schedule 15. Committee room services 1,15,39,522 Services and facilities 5,00,09,085   6,15,48,607  All the income includes both the income from members and non members as well. Whereas on the expenditure side it includes only Establishment, Administration expenses, meeting, seminars expenses and some other expenses. ....

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....the Assessment Years 2006-07 to 2009-10 and also the judgment of Hon'ble Delhi High Court in assessee's own case for the Assessment Years 2006-07 & 2007-08, he held that the judgment of Hon'ble Delhi High Court has to be followed and exemption u/s. 11(1) is to be allowed. The relevant observation and the finding of the ld. CIT (A) reads as under:-  "4.3 I have considered the order of the AO and the submissions of the assessee. The assessee is an association of professional and businessman to protect and promote the interest of its members. The income of the assessee is from membership fees from its members, specialised services, services and facilities, meetings, seminars and training programmes, sale of publication et....