Director of Income Tax (Exemption) v. The Chartered Accountant Study Circle

INCOME TAX OFFICER, INCOME TAX DEPARTMENT vs. FRAGRANCE AND FLAVOURS ASSOCIATION OF INDIA, MUMBAI

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.2973/मुं/2023 (िन.व. 2017-18) Income Tax Officer (E)-1(3), Mumbai Room No.619, Mtnl Telephone Exchange Building, Cumballa Hill, Peddar Road, Mumbai – 400 026. ...... अपीलाथ"/Appellant बनाम Vs. Fragrance & Flavours Association Of India, 2-B, Court Chambers, 25, Sir Vithaldas Thakersey Marg, Churchgate, Mumbai 400 020. Pan: Aaaaf-0029-K ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Ankush Kapoor, Cit Dr. "ितवादी"ारा/Respondent By : Shri Anil Sathe सुनवाई क" ितिथ/ Date Of Hearing : 19/03/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 26/03/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 04/07/2023, For The Assessment Year 2017-18. 2. The Revenue In Appeal Has Assailed The Order Of Cit(A) On Following Grounds:

…mmercial activities could be held as such and brought within the sweep of the first proviso of Sec. 2(15). We further find that the Hon’ble High Court of Madras in the case of Director of Income Tax (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an asseseee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on professional subjects related to audit and not…

ALL INDIA PHOTOGRAPHIC TRADE AND INDUSTRY ASSOCIATION ,MUMBAI vs. ITO (E)-1(1), MUMBAI

The appeal of the assessee is allowed in terms of our observations recorded hereinabove

Bench: Sri Rajesh Kumar, Am & Sri Amarjit Singh, Jm आमकय अऩीर सं./ Ita No. 1387/Mum/2020 (यनधाायण वषा / Assessment Years 2013-14) आमकय अऩीर सं./ Ita No. 1705/Mum/2019 (यनधाायण वषा / Assessment Years 2014-15) All India Photographic Trade & The Income Tax Officer(E) Industry Association Ward 1(1), Mumbai 1 S T C-3/6, Taj Building, 210, फनाभ/ Floor, Dr. D.N. Road, Fort, Vs. Mumbai (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा सं./Pan No. Aaaaa0042K अऩीराथी की ओय से/ Appellant By : Shri Kirit Sanghvi, Ar प्रत्मथी की ओय से/ Respondent By : Shri Brajendra Kumar, Dr सुनवाई की तायीख / Date Of Hearing: 22.12.2021 घोषणा की तायीख / Date Of Pronouncement: 04.03.2021

…al activities, could thus be held as such and brought within the sweep of the first proviso of Sec. 2(15). We further find that the Hon'ble High Court of Madras in the case of Director of Income Tax (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an asseseee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on professional subjects related to audit and not…

CONFEDERATION OF REAL ESTATE DEVELOPERS OF INDIA,MUMBAI vs. CIT (A)- 3 , MUMBAI

The appeal of the assessee is allowed in terms of our observations recorded hereinabove

Bench: Shri M. Balaganesh & Shri Ravish Soodconfederation Of Real Estate Acit (Exemption)-1(1), Developers Association Of India, Piramal Chambers, Lalbaug, 5Th Floor, Phd House, Vs. Parel, Mumbai 400 012 4/2, Siri Insitutional Area, New Delhi-110016

…al activities, could thus be held as such and brought within the sweep of the first proviso of Sec. 2(15). We further find that the Hon’ble High Court of Madras in the case of Director of Income Tax (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an asseseee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on professional subjects related to audit and not…

CONFEDERATION OF REAL ESTATE DEVELOPERS ASSOCIATON OF INDIA ,NEW DELHI vs. ACIT (EXEM)-1(1), MUMBAI

The appeal of the assessee is allowed in terms of our observations recorded hereinabove

Bench: Shri M. Balaganesh & Shri Ravish Soodconfederation Of Real Estate Acit (Exemption)-1(1), Developers Association Of India, Piramal Chambers, Lalbaug, 5Th Floor, Phd House, Vs. Parel, Mumbai 400 012 4/2, Siri Insitutional Area, New Delhi-110016

…al activities, could thus be held as such and brought within the sweep of the first proviso of Sec. 2(15). We further find that the Hon’ble High Court of Madras in the case of Director of Income Tax (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an asseseee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on professional subjects related to audit and not…

ITO(E)-1(3), MUMBAI vs. FRAGRANCE & FLAVOURS ASSOCIATION OF INDIA, MUMBAI

In the result, the appeal of the revenue is dismissed

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am Ito(Exemption)-1(3) Vs. M/S. Fragnance & Flavours Mumbai Association Of India Room No.511, 5Th Floor 2B, Court Chambers, 28, Piramal Chamber, Sir Vithaldas Thackeray Marg, Lalbaug, Mumbai-400102 Churchgate, Mumbai – 400 020 Pan/Gir No.Aaaaf0029K (Appellant) .. (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “F”, BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM ITO(Exemption)-1(3) Vs. M/s. Fragnance and Flavours Mumbai Association of India Room No.511, 5th Floor 2B, Court Chambers, 28, Piramal Chamber, Sir Vithaldas Thackeray Marg, Lalbaug, Mumbai-400102 Churchgate, Mumbai – 400 020 PAN/GIR No.AAAAF0029K (Appellant) .. (Respondent) Revenue by Shri Rajeev Gubgotra Assessee by Shri Anil Sathe Date of Hearing 18/07/2019 Date of Pronouncement 26/07/2019 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.4236/Mum/2018 for A.Y.2013-14 arises out of t…

ITO (E) 2(3), MUMBAI vs. SRI SRI RADHA DAMODAR CHARITABLE TRUST, MUMBAI

In the result, appeal filed by Revenue is dismissed

Bench: Shri B.R. Baskaran & Shri Pawan Singhito (E)-2(3) Shri Radha Damodar Charitable 513, 5Th Floor, Trust, Hare Krishna Land, Juhu, Vs. Piramal Chambers, Lalbaug, Mumbai-400049 Mumbai-12. Pan:Aafts2570L (Appellant) (Respondent) Ddit (E) I (1) Shri Radha Damodar Charitable 504,5Th Floor, Trust, Hare Krishna Land, Juhu, Vs. Piramal Chambers, Lalbaug, Mumbai-400049 Mumbai-12. Pan:Aafts2570L (Appellant) (Respondent)

…uld not be held to be activities in the nature of trade, commerce or business as contemplated in the proviso of Sec. 2(15). 7. The Hon’ble High Court of Madras in the case of Director of Income Tax. (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to .deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an assessee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court 6 ITA No. 7009/M/2014 & ITA No. 4336/M/2015 observed that the publishing and sale of books, booklets etc. o…

ITO (E) 2(3), MUMBAI vs. SRI SRI RADHA DAMODAR CHARITABLE TRUST, MUMBAI

In the result, appeal filed by Revenue is dismissed

Bench: Shri Shamim Yahya & Shri Pawan Singhito (E)-2(3) Shri Radha Damodar Charitable 513, 5Th Floor, Trust, Hare Krishna Land, Juhu, Vs. Piramal Chambers, Lalbaug, Mumbai-400049 Mumbai-12. Pan:Aafts2570L (Appellant) (Respondent) Revenue By : Shri Ram Tiwari (Dr) Assessee By : Sh. Nishant Thakkar With Ms. Jasmin Amalsadwala- Advocates. Date Of Hearing : 20.03.2018 Date Of Pronouncement : 04.04.2018 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Revenue Under Section 253 Of Income Tax Act (‘The Act’) Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-1

…not be held to be activities in the nature of trade, commerce or business as contemplated in the proviso of Sec. 2(15). 7. The Hon’ble High Court of Madras in the case of Director of Income Tax. (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to .deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an assessee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on 8 ITA No. 3809/Mum/2016 - Shri Radha Dam…

FRAGRANCE & FLAVOURS ASSOCIATION OF INDIA,MUMBAI vs. DDIT (E) - 1(2), MUMBAI

In the result, appeal filed by assessee is allowed

Bench: Shri Shamim Yahya & Pawan Singhita No. 6545 /Mum/2016 (Assessment Year- 2009-10)

…mercial activities could be held as such and brought within the sweep of the first proviso of Sec. 2(15). We further find that the Hon'ble High Court of Madras in the case of Director of Income Tax. (Exemption) Vs. The Chartered Accountant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to .deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an asseseee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on professional subjects related to audit and no…

FRAGRANCE AND FLAVOURS ASSOCIATION OF INDIA,MUMBAI vs. DDIT (E) 1(2), MUMBAI

The appeal of the assessee is allowed

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Fragrance & Flavours Ddit (E) – 1(2), Association Of India; 2-B, Coutr बिधम/ Mumbai. Chambers, 28 Sir Vithaldas Vs. Thackeray Marg, Churchgate, Mumbai-400 020 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaaf0029K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…ommercial activities could be held as such and brought within the sweep of the first proviso of Sec. 2(15). We further find that the Hon’ble High Court of Madras in the case of Director of Income Tax (Exemption) Vs. The Chartered Accontant Study Circle (2012) 250 CTR 70 (Mad), had the occasion to deliberate on the scope and gamut of the first proviso of Sec. 2(15) in the case of an asseseee trust whose objects among other things was to conduct periodical meetings on professional subjects. The High Court observed that the publishing and sale of books, booklets etc. on professional subjects related to audit and not…