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2019 (5) TMI 334 - AT - Income TaxExemption u/s 11 denied - charitable activity u/s 2(15) or not? - Addition of interest received on account of fixed deposits and savings account - Addition received on account of Goa Fest 2010 - HELD THAT:- We find that in the case of assessee not a single transaction is in nature of trade, commerce or business and the Goa Fest from the detailed facts enumerated above is abundantly and clearly & wholly towards the advancement of Its objects which have been duly considered as being towards advancement of object general public utility, while granting registration u/s 12A. As relying on THE COMMISSIONER OF INCOME TAX-EXEMPTION VERSUS THE FERTILIZERS ASSOCIATION OF INDIA [2017 (11) TMI 805 - DELHI HIGH COURT] wherein held mere charging of fee from members or non-members for rendering services like training, conducting seminars would not ipso facto lead to denial of exemption. The dominant object of the assesses remains charitable and the aforesaid activities are only incidental to the main activity of the assesses. Also, the activities of the assessee are benefiting the public at large at submitted by the assessee. Furthermore, it is not the case of the department that any change in object had taken place in the relevant year so as to take that assessee outside the ambit of section 2 (15). The receipts regarding Goa Fest 2010 and interest received on money deposited is exempt u/s 11. The orders of the lower authorities are set aside and appeal of the assessee is accordingly allowed.
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