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2020 (1) TMI 86 - ITAT DELHIExemption u/s 11(1)(c) - assessee has failed to get approval of the Central Board of Direct Taxes (CBDT) for exemption u/s 11(1)(c) - HELD THAT:- From the impugned order passed by Ld. CIT(A) it is proved that the said approval has been accorded by CBDT vide letter no. E. No. 180/04/2011-ITA-1 dated 08.02.2016 which is effective for AY 2011-12 and 2012-13, the years under assessment to incur the expenses to the tune of ₹ 9,90,14,418/- and 6,08,87,282/- for AY 2011-12 and 2012-13 respectively by the assessee outside India for the purpose of International Welfare and the same has been ordered to be included in the total income of the assessee society. Since aforesaid factual position has not been controverted by Ld. DR, We find no illegality or perversity in the findings written by Ld. CIT(A) in deleting the aforesaid additions Disallowance assessee society has received foreign contribution from the Government of France within meaning of Section 2(1)(j) of FCRA without filing return qua these contributions in FC-3 to the Ministry of Home Affairs as per FCRA Guidelines - HELD THAT:- Bare perusal of the letter (supra) goes to prove that when a transaction is between Government of India and Government of any foreign country or territory, FCRA is not attracted. When undisputedly, the transaction of ₹ 9,96,35,250 /- and ₹ 9,16,98,000/- for AY 2011-12 & 2012-13 respectively is a grant given by French Government to the assessee society which is a joint venture of French Government and Government of India, the transaction of transferring the grants is a transaction between both the countries as specified in the letter (supra). Furthermore, vide letter dated 02.01.2014, available at page 21 of the paper book, addressed to Secretary General, Ministry of External Relations, Government of France by Shri Ramesh Bhandari, the then Foreign Secretary, it is categorically made clear that, "the assessee society is established for promotion of scientific research etc. will be exempt from payment of income-tax." So, in these circumstances, we find no illegality or perversity in the findings returned by ld. CIT (A). - Decided against the Revenue
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