TMI Blog2018 (5) TMI 2009X X X X Extracts X X X X X X X X Extracts X X X X ..... igible for claim of exemption u/s.11, vide judgment and order dated 19th October, 2012 [ 2012 (11) TMI 429 - DELHI HIGH COURT]. Again for the Assessment Years 2008-09 and 2009-10, the Revenue s appeal has been dismissed vide judgment and order [ 2016 (7) TMI 1581 - DELHI HIGH COURT] . In the Assessment Years 2008-09 and 2009-10, the Tribunal has taken into note the scope of proviso to Section 2(15) and following the judgment of Hon'ble Jurisdictional High Court in the case of India Trade Promotion Organization vs. DGIT (E) [ 2015 (1) TMI 928 - DELHI HIGH COURT] held that none of the activities of the assessee falls in the category as envisaged in the proviso. Thus, respectfully following the binding judicial precedent of Hon'bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commerce and therefore, proviso to Section 2(15) shall not be applicable and hence exemption u/s.11 cannot be denied. The copies of the said judgments have been filed before us. He submitted that similar issue had arose in Assessment Years 2008-09 and 2009-10 also and Tribunal has held that proviso to section 2(15) will not apply. Against the said Tribunal order the Departmental appeal before the Hon'ble Delhi High court has also been dismissed. Here in this case also, the Assessing Officer has again denied the claim of exemption u/s.11 by invoking proviso to Section 2(15). 3. On the other hand, learned DR has strongly relied upon the order of the Assessing Officer. 4. After going through the relevant findings given in the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,15,39,522 Services and facilities 5,00,09,085 6,15,48,607 All the income includes both the income from members and non members as well. Whereas on the expenditure side it includes only Establishment, Administration expenses, meeting, seminars expenses and some other expenses. The surplus generated through all this activities amount to ₹ 3,63,48,641/- 5. In the return of income, the assessee has claimed exemption on the principle of mutuality . The Assessing Officer in the impugned assessment order has noted that consequent to the amendment in Section 2(15) w.e.f. Assessment Year 2009-10, assessee itself has not claimed exemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.3 I have considered the order of the AO and the submissions of the assessee. The assessee is an association of professional and businessman to protect and promote the interest of its members. The income of the assessee is from membership fees from its members, specialised services, services and facilities, meetings, seminars and training programmes, sale of publication etc. The assessee has received the total income of ₹ 13,51,51,075/- which includes the membership fees of ₹ 2,51,89,246/- only during the current year vide Para 3 of the order of the AO. It is apparent that the income of the assessee consists the nominal income of ₹ 2,51,89,246/- only from its members and the balance income of ₹ 10,99,61,829/- ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide judgment and order dated 22nd July, 2016 passed in ITA no. 321 and 355/2016. In the Assessment Years 2008-09 and 2009-10, the Tribunal has taken into note the scope of proviso to Section 2(15) and following the judgment of Hon'ble Jurisdictional High Court in the case of India Trade Promotion Organization vs. DGIT (E), held that none of the activities of the assessee falls in the category as envisaged in the proviso. Thus, respectfully following the binding judicial precedent of Hon'ble Delhi High Court in the case of the assessee, we hold that assessee is entitled for claim of exemption u/s.11. Accordingly, the order of the ld. CIT (A) is affirmed. 8. In the result, the appeal of the Revenue is dismissed. Order pronoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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