TMI Blog2018 (5) TMI 1880X X X X Extracts X X X X X X X X Extracts X X X X ..... of HRD and Ministry of Youth Affairs and Sports, membership fees from the universities etc., no ground is made out to invoke the proviso to section 2 (15) of the Act. Moreover, it is the admitted case of the Revenue that the assessee trust is only publishing and selling text book and reading material which is being supplied to the students only. So, merely receiving fee and charges from the universities and selling text books to the students do not amount to entering into trade, commerce and business activities , particularly when the assessee trust is being run on the basis of the grants by the Government of India and on the basis of fee being collected from universities and its members. We find that the issue involved in this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come at ₹ 6,30,50,050/- taxable in the hands of assessee-association. The ld. CIT(A) deleted the addition holding the assessee a charitable association and directed the Assessing Officer to allow exemption u/s. 11(1) of the Act, as the assessee is not involved in any trade, commerce or business activities to attract the mischief of proviso to section 2(15). The contention of the learned AR is that the identical issue involved in this appeal, came for consideration before the ITAT Delhi Bench in the case of assessee itself for A.Y. 2010-11 and the Co-ordinate Bench of Tribunal after relying on various decisions, has recently decided the issue in favour of the assessee and against the assessee vide order dated 11.05.2018(ITA No. 5328/De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the proviso to section 2 (15) of the Act. Moreover, it is the admitted case of the Revenue that the assessee trust is only publishing and selling text book and reading material which is being supplied to the students only. So, merely receiving fee and charges from the universities and selling text books to the students do not amount to entering into trade, commerce and business activities, particularly when the assessee trust is being run on the basis of the grants by the Government of India and on the basis of fee being collected from universities and its members. 10. In view of what has been discussed above, we are of the considered view that the ld. CIT (A) has passed well-reasoned order in the light of the settled propositio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
