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2017 (1) TMI 619 - ITAT DELHI

2017 (1) TMI 619 - ITAT DELHI - TMI - Eligibility to exemption u/s. 11 & 12 - charitable institution - whether assessee’s activity falls under the category of ‘advancement of any other object of General Public Utility’? - First Proviso to Section 2(15) challenged as arbitrary and unreasonable and has no rational nexus with the object sought to be achieved and is thus violative of Article 14 of the Constitution of India - Held that:- Recently the Hon'ble Delhi High Court in the case of India Trad .....

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ess and has accordingly allowed the relief to the ITPO. - Also further find that after considering all the facts and circumstances of the case and following the order of Ld. CIT(A) for AY 2010- 11 & 2011-12, Ld. CIT(A) has rightly held that the assessee is a charitable institution and accordingly, the AO was directed to allow the exemption u/s. 11 & 12 of the I.T. Act to the assessee alongwith consequential benefits - Decided in favour of assessee - I.T.A. No. 4219/DEL/2016 - Dated:- 3-1-20 .....

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object of General Public Utility and last proviso to section 2(15) is clearly applicable to it as Income from Sponsorship/ Royalty is explicitly business receipt in nature. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in law in ignoring the addition on account of Life Member s Subscription without discussing any facts in the order. 3. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing. 2. The .....

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n India and other gold Championship in India. d) To promote and arrange golf matches and competitions in India and elsewhere The assessee society is registered u/s. 12A of the I.T. Act, 1961 vide registration dated 31.8.1999. A perusal of income and expenditure account of the assessee revealed that the assessee apart from other receipts, have also received the following incomes : IGU sponsorship fees, rental income and Rolex Contribution (sponsorship). AO observed that since the above receipts a .....

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I.T. Act was allowed to the assessee in view of applicability of Section 13(8) of the I.T. Act, 1961. The assessee had shown life membership subscription of ₹ 19,05,000/- which was shown directly in balance sheet and not offered to tax. Since the benefit of section 11 & 12 of the I.T. Act, 1961 was denied to the assessee in view of Section 13(8), Life Membership Subscription of ₹ 19,05,000/- was also added to the total income of the assessee and AO assessed the income of the asse .....

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ubmissions of the Ld. Counsel of the assessee and adjudicated the issues in dispute as under:-. 6. I have considered the order of the AO, submissions of the assessee and the earlier order of my predecessor CIT(A). It is seen that in the case of Hamsadhwani Vs. DIT(E) (2012) 19 Taxmann.com 10 ITAT Chennai, the assessee was promoting music in Tamil Nadu for which it was receiving sponsorship and coaching fees and the Hon'ble Tribunal did not accept the argument of DIT(E) that the assessee was .....

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on of the Proviso of section 2(15) and has held that mere receipt of fee or charge cannot be said that the assessee involved in any trade, commerce or business and has accordingly allowed the relief to the ITPO. 7. After considering all the facts and circumstances of the case and following the order of CIT(A) for AY 2010-11 & 2011-12, I am of. the view that the assessee is a charitable institution and accordingly the AO is directed to allow exemption u/s. 11 & 12 to the assessee alongwit .....

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