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2015 (3) TMI 537 - BOMBAY HIGH COURT

2015 (3) TMI 537 - BOMBAY HIGH COURT - TMI - Exemption u/s. 11 - main activity of the assessee is to organize trade fair - Tribunal confirming the order of the CIT(A) allowing exemption - Held that:- 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 .....

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revenue. - Income Tax Appeal No. 401 of 2013 - Dated:- 3-3-2015 - M S Sanklecha And G. S. Kulkarni,JJ. For the Appellants : Mr A R Malhotra, Mr N A Kazi, Adv. & Padma Divakar For the Respondents : Mr Madhur 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 .....

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irming the order of the CIT(A) allowing exemption u/s. 11 of the I.T. Act, 1961, when the main activity of the assessee is to organize trade fair, which has to be treated as business activity as defined u/s 2(15) and is not leading to any advancement for benefit to the general public at large." 3. The respondentassessee is a company registered under Section 25 of the Companies Act, 1956. It also holds valid registration under Section 12A of the Act. During the course of assessment proceedin .....

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itable purpose as defined in Section 2(15) of the Act. The CIT(A) held that the respondentassessee was not organizing trade fairs but for only facilitating its members to participate in trade fair. Thus its activities not being in the nature of business activity the exemption under Section 11 of the Act was admissible. Accordingly the Assessing Officer was directed to extend the benefit to the respondentassessee. 5. Being aggrieved the revenue appealed to the Tribunal. On consideration of all fa .....

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