TMI Blog2020 (12) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer is that the activities of the assessee Trust are hit by the proviso to section 2(15) and according to the learned Assessing Officer, assessee s activities of providing food and beverages, accommodation against which charges are made from the members and non-members constitute commercial activities and therefore according to the Assessing Officer, the activities of the assessee Trust are not governed by the proviso to section 10(23C)(iv) of the Act. Ld. Assessing Officer has also noted that although the assessee claims that it is working on no profit and no loss basis , yet the income and expenditure account of the assessee Trust reveals that it earning surplus year after year. Reasons for denying the exemption by the learned Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , JM Challenging the orders of the Commissioner of Income Tax (Appeals) - 40, Delhi ( Ld. CIT(A) ) in the case of India International Centre ( the assessee ), for the assessment years 2013-14 and 2014-15, Revenue preferred these appeals on identical grounds. 2. Brief facts of the case are that the assessee is an institution came into existence by way of creation of a trust vide Trust Deed dated 23.05.1961, and has been engaged in cultural and intellectual activities, like conducting seminars, talks, discussions and cultural activities. Its objectives include, exchanging knowledge thereof, and by providing such other facilities as would lead to their universal appreciation; to undertake, organize and facilitate study courses, conferenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No 10BB works out to Nil, and in its return filed in ITR-7, the assessee has shown only income from other sources and claimed the same to be exempt u/s. 10(23C)(iv), but so far as the surplus/ deficit in respect of Income/Expenditure other than that reported in Form No.10BB is concerned, both the return of income as well as the form No. 10BB are silent. Learned Assessing Officer further found that the activities of the assessee are hybrid, partly covered by provisions of section 10(23C)(iv) read with Section 2(15) and partly by principle of mutuality. According to the learned Assessing Officer, an assessee can have income from different heads or income from different sources, but it cannot have its income and expenditure from the same sour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apter IV of the Act. 4. As against these orders, assessee preferred appeal. By way of impugned orders, learned CIT(A) has granted relief to the assessee because the reasons for not granting relief to the assessee u/s 10(23C)(iv) of the Income Tax Act by the learned Assessing Officer in the Assessment Orders for Assessment Years 2013-14 and 2014- 15 are identical as had been raised by the earlier Assessing Officers in the Assessment Orders of earlier years, and in respect of the earlier years basing on the orders for the assessment years 2011-12 and 2012-13 in assessee s own case by his predecessor and also by the Tribunal. 5. Revenue is, therefore, before us in these appeals and it is argued that the activities of the assessee falls w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the activities of the assessee Trust are hit by the proviso to section 2(15) of the Act and according to the learned Assessing Officer, assessee s activities of providing food and beverages, accommodation against which charges are made from the members and non-members constitute commercial activities and therefore according to the Assessing Officer, the activities of the assessee Trust are not governed by the proviso to section 10(23C)(iv) of the Act. Ld. Assessing Officer has also noted that although the assessee claims that it is working on no profit and no loss basis , yet the income and expenditure account of the assessee Trust reveals that it earning surplus year after year. 8. It is not in dispute that the reasons for denying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34 of 2018 vide its order dated 17.01.2020 due to low tax effect. 9. It is, therefore, clear that the findings given in Appeal No. 3124/D/2014 for 2009-10 by the Tribunal were followed in Assessment Year 2011-12 and accepted at all levels. Ld. AR therefore prays that such findings for the assessment year 2009-10 and 2011-12 or equally applicable to the years under consideration, and the same may please be followed and appeals filed by the Revenue may please be dismissed. 10. In the circumstances, since the learned CIT(A) followed the order of Tribunal in ITA No. 3124/De!/2014 and also the orders of his predecessor for Assessment Year 2011-12 and 2012-13, which orders have become final because even the appeal filed by the department be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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