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Commissioner of Income Tax- (E) Versus National Rifile Assocation of India

2016 (12) TMI 683 - DELHI HIGH COURT

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 Promotio .....

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e charity institutions but to remove masks from entities which were purely trade, commerce or business enterprises and to expose their true identity. Therefore, the Court deduced that the correct interpretation would be that the activity should be an .....

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tution 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 .....

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a, Adv ORDER 1. The question of law sought to be urged by the Revenue is: Whether in the circumstances of the case the Income Tax Appellate Tribunal (ITAT) fell into error in overlooking the proviso to Section 2(15) added by Finance Act, 2008. 2. The .....

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round 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, not .....

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). Ms. Malhotra, the learned counsel relied upon the findings of the AO to say that the nature of the amounts generated and received by the assessee association should not be sought to be charitable having regard to the commercial nature of the servi .....

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as India Trade Promotion Organisation vs Director General of Income Tax (2015) 371 ITR 333. The Court had clearly ruled that the proviso was not designed to hit at those institutions which had advancement of objects of general utility at heart and w .....

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an exception from the charitable purpose of advancement of any other object of general public utility and that exception is limited to activities in the nature of trade, commerce and business. Therefore, if the dominant and prime objective of the ins .....

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