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TMI Blog2015 (3) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... Agarwal & Mr Rajesh Poojary, Adv. ORDER P.C. This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (the 'Act') challenges the order dated 10 August 2012 passed by the Income Tax Appellate Tribunal (the 'Tribunal') in respect of Assessment Year 2005-06. The impugned order dated 10 August 2012 dismiss the Revenue's appeal from order dated 17 November 2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istration under Section 12A of the Act. During the course of assessment proceedings for Assessment Year 2005-06, the Assessing Officer observed that the respondent was organizing trade fairs and such activity being a business activity was not an activity for a charitable purpose. Consequently the Assessing Officer by his order dated 31 December 2007 denied the benefit of exemption under Section 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... izing trade fair but only facilitating its members to participate in trade fairs. Therefore not being in the nature of business activity it held the respondent is entitled to benefit of Section 11 of the Act. The impugned order interalia also holds that for the subsequent assessment year a similar view has been taken by the CIT (A) and the revenue has not challenged the same even before the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 200506. However there is nothing on record to indicate the same. 8. Be that as it may we find two authorities have come to a concurrent findings of fact that the respondentassessee is not organizing trade fairs and therefore not engaged in business activity. We find that there is certainly a distinction/difference between organizing trade fairs and facilitating its members to participate in tra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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