TaxTMI 
TaxTMI 
TaxTMI 
2020 (7) TMI 543
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.... on 30th September, 2013 declaring nil income. The AO, during the course of assessment proceedings noted that the activities of the society are to promote the general mercantile and industrial interest of India acting as arbitrator in settlement of disputes, organizing periodical seminars, meetings and symposia with government. As per Income & Expenditure account the assessee had shown total receipts of Rs. 21,67,04,511. From the details furnished by the assessee, he noted that the income includes income from members and non-members as well. 3. During the course of assessment proceedings, the AO asked the assessee to explain as to why the receipts from charges received by the Chamber should not be considered as commercial in nature and wh....
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....e is not entitled to exemption u/s 11 and 12 of the Act. The AO accordingly determined the total income of the assessee at Rs. 3,32,38,822/- after deducting the expenditure as per Income & Expenditure Account from the total income. 4. In appeal, the ld.CIT(A) held that the activities of the assessee are charitable and the assessee is eligible for deduction u/ss 11, 13(1) and 13(2) of the Act. 5. Aggrieved with such order of the CIT(A), the Revenue is in appeal before the Tribunal by raising the following grounds:- "1. On the basis of facts and circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the fact that the assessee is not eligible for exemption u/s 11 of the I.T.Act,1961. 2. On the basis of facts and circu....
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....he order of the CIT(A) in allowing claim of exemption u/s 11 of the IT Act and dismissed the appeal filed by the Revenue by observing as under:- "7. The only issue for denying the exemption u/s.11 by the learned Assessing Officer is that in terms of proviso to Section 2(15) the assessee's activities are in the nature of trade and commerce or business. We find that first of all in the Assessment Years 2006-07 & 2007-08, the Hon'ble High Court after detailed discussion had held that assessee is eligible for claim of exemption u/s.11, vide judgment and order dated 19th October, 2012 in ITA No.368 & 369/2012. Again for the Assessment Years 2008-09 and 2009-10, the Revenue's appeal has been dismissed vide judgment and order dated 2....
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....27.07.2016 pertains to the AY 2008-09 & 2009-10. Even otherwise, in the instant case, the Ld. CIT (A) has categorically held in para no. 4.5 of the impugned order that the case of the assessee is covered in favour of the assessee by the orders of his predecessor for the AY 2006-07, 2007-08, 2008- 09, 2009-10 & 2010-11 and also by the Hon'ble Delhi High Court in the assessee's own case for the AY 2006-07 and 2007-08 which required to be followed. As the Ld. DR also raised an issue that post amendment to the proviso to Section 2(15) of the Act , the situation has become altogether different from the AY 2009-10 onwards and the activities of the Assessee are liable to be treated as business activities, however, we realized that co-ordin....