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2022 (7) TMI 903 - HC - Income TaxExemption u/s 11 - Assessee cannot be treated to be engaged in charitable activities - assessee gets grant from Central and State Government and also donation from the various organization like, 'Gate foundation' etc. - ITAT upheld the decision of the CIT(A) holding that the assessee is not engaged in any trade, commerce or business and thus proviso of section 2(15) is not attracted to the case of the assessee - HELD THAT:- This Court in the case of Institute of Chartered Accountants of India and Anr. Vs. Director General of Income Tax (Exemptions), Delhi [2013 (7) TMI 205 - DELHI HIGH COURT] with reference to State of Andhra Pradesh Vs. H Abdul Barhi & Bros [1964 (4) TMI 75 - SUPREME COURT] has observed that merely because a fee or some other consideration is collected or received by an institution, it would not lose its character of having been established for a charitable purpose. Also in the case of PCIT vs Servants of People Society [2021 (11) TMI 684 - DELHI HIGH COURT] held that assessee/society does not carry on any business, trade or commerce with the intent of earning and distributing profit. - Decided in favour of assessee.
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