Case Law Details
ITO (E) Vs Association of Corporation & Apex Societies of Handlooms (ITAT Delhi)
The issue under consideration is whether the activities involved towards promotion of handloom sector is eligible for exemption under section 11 and 12 of Income Tax Act?
ITAT states that, the activity of the assessee are of advancement of any other object of the general public unity, which falls under the definition of the charitable purpose as defined under section 2(15) of the act. But the contention of the Assessing Officer is that said object of general public utility shall not be charitable because the assessee is engaged in the activity in the nature of trade, commerce or business or rendering any service in relation to any trade, commerce and business for cess or fee. ITAT find that activity of the assessee are primarily motivated with the objective of promoting handloom sector in India and said activity are not for gain or profit of an individual. The executive committee of the Society also consist of all government officials with no motive of profit sharing or personal interest. The member subscription is received by the assessee in proportion of the supply by the agency and the rate decided. The said subscription fee received cannot be equated with the cess or fee against services rendered. ITAT are of the view that the Assessing Officer has not appreciated the activities and objective of the society properly and therefore he is not justified in holding that provision to section 2(15) will be attracted in the case of the assessee. In our opinion, the finding of the Ld. CIT(A) on the issue in dispute is well reasoned, and ITAT do not find any error in the same. Accordingly ITAT uphold the same. The ground of the appeal of the Revenue is accordingly dismissed.
FULL TEXT OF THE ITAT JUDGEMENT
This appeal by the Revenue is directed against order dated 10/06/2016 passed by the Ld. Commissioner of Income-tax (Appeals)-36, New Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2010-11, raising following grounds:
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