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2016 (12) TMI 683 - DELHI HIGH COURT

2016 (12) TMI 683 - DELHI HIGH COURT - TMI - Non charitable activities - whether ITAT fell into error in overlooking the proviso to Section 2(15) added by Finance Act, 2008? - Held that:- This Court notices that the issue at hand has been decided in the judgment reported as India Trade Promotion Organisation vs Director General of Income Tax (2015 (1) TMI 928 - DELHI HIGH COURT ) whether curt had clearly ruled that the proviso was not designed to hit at those institutions which had advancement o .....

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the dominant and prime objective of the institution established for charitable purpose is profit making whether its activities relate directly in the nature of trade, commerce or business or indirectly in rendering of any service in relation to any trade, commerce or business, then it would not be entitled to claim that its object is charitable purpose. No substantial question of law arises - ITA 807/2016 & CM Nos. 43249/2016 & 43250/2016 - Dated:- 22-11-2016 - S. Ravindra Bhat And Najmi Waziri, .....

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ges were sought to be brought to tax on the ground that they amount to commercial activities and consequently fell within the mischief of the proviso to Section 2(15). Though the Assessing Officer (AO) accepted the Revenue s contention, the ITAT rejected it relying upon the several rulings, notably, Addl. Commissioner of Income Tax, Gujarat vs Surat Art Silk Cloth Manufacturers Association 121 ITR 1 etc. 3. It is contended on behalf of the Revenue that the ITAT s decision is unsupportable given .....

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