TaxTMI 
TaxTMI 
TaxTMI 
2022 (11) TMI 6
X X X X Extracts X X X X
X X X X Extracts X X X X
....cided by this Tribunal in favour of the assessee and against the revenue in earlier assessment years. The Counsel supplied the copies of the judgment of the Tribunal in A.Y.2009-10, 2010-11 and 2012-13. The DR could not bring any distinguishing decision in favour of the revenue. 4. We have given a thoughtful consideration to the orders of the authorities below. Briefly stated the facts of the case are that the assessee is a premier trade body and the chamber of commerce of the IT-BPO industries in India. It was set up in 1988 and is registered under the Indian Societies Act 1860. It aims to drive the overall growth of the technology and service market and maintain India's leadership position, by taking up the role of a strategic advisor ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... section 2(15) of the Act is concerned this Tribunal in ITA No.6521/Del/2013 for A.Y.2009-10 has decided this issue as under :- "13. For the above reasons, we concur with the findings of the Ld. CIT(A) that the case law relied upon by the Ld. AR supports the view taken by the Ld. CIT(A) on the aspect of principle of mutuality and the entitlement of the assessee to claim the benefit of Section 11 of the Act. We, therefore, uphold the same and find the grounds of appeal as devoid of merits." 11. In A.Y.2010-11 in ITA No.3237/Del/2016 this Tribunal has followed the decision of the coordinate Bench given in ITA No.6521/Del/2013 (supra). Similarly in A.Y.2012-13 the decision was followed in ITA No.5738/Del/2016. 12. In so far as t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....assessee charges subscription fee on the basis of turnover and voting right is given to member as per subscription of fees. Hence by giving differentiated treatment to members the assessee has violated the essence of principal of mutuality. 3. On the facts and circumstances of the case and in law, Ld. CIT(A) has erred in law in allowing the additions made on grounds of expenditure incurred on Global Trade Development Programmer which is not in consonance with objectives of the society. 4. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing. Document 2 Membership Subscription 19,50,03,460 Sponsorship receipts 16,50,68,512 Delegate Fee 5,40,22,9....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the society. He argued that the Ld.CIT(A) has has not given any reason for the reduction of the partial expenses nor for sustaining the remaining amount. 8. On the other hand, the Id. DR argued that the principles of res judicata are not applicable to the Income Tax proceedings and every assessment has to be examined independently. She argued that the expenses are not for the purpose of business. 9. Heard the arguments of both the parties and perused the material available on record. 10. We have gone through the objectives of the assessee company with regard to GTD expenses. Global Trade Development Activity is an ongoing program primarily for Document 5 strengthening the "India" brand, to put and main....
X X X X Extracts X X X X
X X X X Extracts X X X X
....gic and tactical planning for positioning IT industry of India vis-a-vis the foreign country's economic outlook. Document 6 (ii) Expenditure on global protectionism sentiments and campaign; (iii) Expenditure in public relations/ public awareness and (iv) Travelling expenses. 12. Further, we also find that the similar expenses has been allowed by the Co-ordinate Bench of ITAT for the assessment year 2010-11 in ITA No. 3187/Del/2015, order dated 17.05.2019 wherein it was held that the disallowance of GTD expenses are not sustainable on the grounds that the purpose of such expenditure and the benefits derivable there from is aimed at benefitting L.C.T & Business Process Management (BPM) industry as a wh....