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2016 (11) TMI 600 - ITAT KOLKATARevision u/s 263 - as per CIT(A) the activities of the assessee are commercial in nature and Secondly the income of assessee has been applied in foreign country which is the contravention of the provision of section 11(1)(a) of the Act - Held that:- The facts of the case are squarely applicable of case of Indian Chamber of Commerce Vs. ITO (2014 (12) TMI 256 - ITAT KOLKATA ), wherein it was held that the activities of the assessee are charitable in nature. The activity of conducting the trade fair in foreign country of the assessee is within the object clause which was permitted while granting the registration under section 12AA of the Act. We also find that the income which has arisen from the non-members has already been taxed by the AO while framing the assessment u/s 143(3) of the Act. In view of above, we hold that the assessee has not spent any money in a country outside India although the fair was organized in a foreign country.As from the facts it is clear that the expenses are not incurred by the assessee outside India therefore in our considered view there is no violation to the provisions of section 11(1)(a) of the Act. Accordingly we conclude that the impugned order of the ld. CIT passed u/s 263 of the Act is not sustainable in law and accordingly directed to be set aside. - Decided in favour of assessee.
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