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2016 (9) TMI 1540 - AT - Income TaxDenying exemption u/s 11(1) - charitable activity u/s 2(15) - assessee promotes exchange of traditional Indian values and generates awareness of the cultural traditions and heritage of India specifically amongst the youth - HELD THAT:- For achieving these goals SPICMACAY organizes activities, at college and school levels which are hosted by various local Chapters of the Organisation. In my view the Ld.CIT(A) was right in holding that, mere receipt of fees or some other amounts, does not mean that the assessee is involved in any trade, commerce or business. As rightly relied on the decision of the Chennai Bench of the ITAT in the case of Hansadwari vs. DIT(E) [2012 (3) TMI 168 - ITAT CHENNAI] which held that advancement of traditional music and culture and conducting music programmes for that purpose, could never be considered as an activity in the nature of trade, or commerce or business u/s 2(15) of the Act. In the earlier years also this argument of the assessee was accepted by the Ld.CIT(A). In my view the Ld.CIT(A) has rightly applied the decision of the Jurisdictional High Court in the case of India Trade Promotion Organisation vs. DGIT(E) (supra) and granted relief to the assessee. - Decided in favour of assessee.
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