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Case Law Details

Case Name : ACIT(E) Vs India International Centre (ITAT Delhi)
Appeal Number : ITA Nos. 6771 & 6772/Del/2017
Date of Judgement/Order : 30/12/2020
Related Assessment Year : 2013-2014 & 2014-15
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ACIT(E) Vs India International Centre (ITAT Delhi)

ITAT held that activities of the Trust of providing accommodation and food and beverages etc. does not constitute commercial activities and activities of the Trust are not hit by any proviso to section 2(15) of the Act.

FULL TEXT OF THE ORDER OF ITAT DELHI

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, conferences, seminars, lectures and research in matters relating to different cultural patterns of the world; to undertake, facilitate and provide for the publication of news-letters, research papers and books and of a journal for the exposition of cultural patterns and values prevailing in different parts of the world; to establish and maintain libraries and information services to facilitate the study of world cultures and spreading information in regard thereto; to constitute or cause to be constituted regional centres at convenient places in India to promote the objectives of the Society; to co­operate with approved institutions and interested bodies for the purposes of helping the cause of understanding amongst peoples of different cultures; to organize and maintain as far as possible on no-profit no-loss basis, limited residential accommodation, with cultural and educational amenities, for the members of the society coming to participate in the activities of the Society and of other bodies with cognate objectives, as well as non-members specially invited to participate in the activities of the Society; to invite, as and when feasible, cultural leaders, scholars, scientists and creative artists, who may or may not be members of the Society, to take advantage of the facilities offered by the society.

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