9911796707
TMI Blog2019 (11) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... noring the fact that the activities of the assessee is in the nature of trade, commerce or business or any activity of rendering any service in relation to any trade, commerce or business for cess or fee or any other consideration, irrespective of the nature of use or application, or retention of the income from such activities. The assessee falls in the last category of general public utility as per the definition of Sec. 2(15) of I.T. Act 1961 and not entitled to carry on any business or commercial activity. 2. On the facts and in the circumstances of the case and in law, the Ld.CIT(A) has erred in law in allowing the appeal of the assessee ignoring the fact that assessee charges subscription fee on the basis of turnover and voting righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is only fixed to recover higher subscription from those having larger turnover, while seeking to support fledglings/new entrants. The membership based on the turnover, carry differential voting rights. However, uniform service is provided by the assessee to all categories of members, irrespective of the membership fee paid. No specific services are being provided to members in lieu of payment of higher membership subscription charges. During the relevant previous year, the assessee received gross amount of Rs. 20.84 crores on account of annual membership subscription from members. In the return of income, the assessee, claimed exemption in respect of an amount of Rs. 10.86 crores on the principle of mutuality, arrived at, after reducing/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 & my order for A.Y. 2010- 11 dated 14.03.2016, I am of the view that the benefit on principle of mutuality be granted to the assessee on membership fees from members only Further due credit to TDS & Advance Tax may be given after verification." 9. In the result, the appeal of the assessee is allowed." 4. Learned Counsel for the Assessee, at the outset submitted that the issue is covered by Order of ITAT, Delhi Bench in the case of same assessee for A.Y. 2009-2010 vide Order Dated 20.09.2019 in the Departmental Appeal in ITA.No.6521/Del./2013 on identical issue have been dismissed. The Order of the Tribunal in paras 12 to 14 are reproduced as under : "12. During the course of arguments, the question as to the way of disposal of the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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