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2020 (4) TMI 260 - AT - Income TaxExemption u/s 11 - Charitable activity u/s 2(15) - whether by rendering specific services to members and non-members for a fee, a trade, professional or similar association can be said to be carrying on a business activity? - HELD THAT:- As relying on PHD CHAMBER OF COMMERCE & INDUSTRY VERSUS DIRECTOR OF INCOME TAX-EXEMPTIONS [2012 (11) TMI 429 - DELHI HIGH COURT] we find that categorical finding given by the Ld. CIT(A) that the assessee in the instant case is not engaged in any activity of trade, commerce or business so as to fall within the mischief of first proviso of section 2(15) of the Act, is not controverted by the Revenue before us. Hence exemption u/s 11 could not be denied to the assessee. In any case, we find that the assessee had not claimed any expenditure in the sum of ₹ 2,34,58,706/- in its income and expenditure account which factual finding given by the Ld. CIT(A) had also not been controverted by the Revenue before us. Hence, there cannot be any disallowance of the said sum treating the same as surplus in the assessment. - Decided against revenue.
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