Society of Indian Automobile Manufactures v. ITO

159 ITD 659Income Tax Appellate Tribunal2016#8221 most cited

What is Society of Indian Automobile Manufactures v. ITO authority for?

An assessee society's activities like organizing seminars and expos for promoting the automobile industry qualify as an object of general public utility under section 2(15), even if income is generated from these activities.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2022.

Also referred to as

Society of Indian Automobile Manufacturers v. ITO · section 2(15) · object of general public utility · charitable purpose · promotion of industry · charitable trust exemption · ITAT Delhi

Judgments citing Society of Indian Automobile Manufactures v. ITO

Income Tax Officer (Exemptions), Ward, Jaipur vs. Rajasthan Cricket Association, Jaipur

In the result, appeal of the Department is dismissed

ITA 68/JPR/2022[2013-14]Status: DisposedITAT Jaipur21 Jun 2022AY 2013-14

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

For Appellant: Shri Shyam Lal Agarwal, CAFor Respondent: Ms Manisha Chandra, CIT fu/kZkfjrh dh vksj ls@
Section 11Section 12ASection 143(3)Section 147Section 148Section 2(15)

…se would be covered within the proviso to section 2(15) and, in the otherwise scenario, the assessee will be construed to have carried on its activities of general public utility. (see Society of Indian Automobile Manufactures v. ITO [2016] 71 taxmann.com 138/159 ITD 659 (Delhi - Trib.)” “163.We sum up our final conclusions as under; In carrying on the charitable activities, certain surplus may ensue. However, earning of surplus, itself, should not be construed as if the assessee existed for profit. The word "profit" means that the owners of the entity have a right to withdraw the surplus for any purpose includ…

Income Tax Officer (Exemption), Ward, Jaipur vs. Rajasthan Cricket Association, Jaipur

In the result, appeal of the Department is dismissed

ITA 67/JPR/2022[2012-13]Status: DisposedITAT Jaipur21 Jun 2022AY 2012-13

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

For Appellant: Shri Shyam Lal Agarwal, CAFor Respondent: Ms Manisha Chandra, CIT fu/kZkfjrh dh vksj ls@
Section 11Section 12ASection 143(3)Section 147Section 148Section 2(15)

…se would be covered within the proviso to section 2(15) and, in the otherwise scenario, the assessee will be construed to have carried on its activities of general public utility. (see Society of Indian Automobile Manufactures v. ITO [2016] 71 taxmann.com 138/159 ITD 659 (Delhi - Trib.)” “163.We sum up our final conclusions as under; In carrying on the charitable activities, certain surplus may ensue. However, earning of surplus, itself, should not be construed as if the assessee existed for profit. The word "profit" means that the owners of the entity have a right to withdraw the surplus for any purpose includ…

Income Tax Officer, Jaipur vs. Rajasthan Cricket Association, Jaipur

In the result, appeal of the Department is dismissed

ITA 66/JPR/2022[2005]Status: DisposedITAT Jaipur21 Jun 2022

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

For Appellant: Shri Shyam Lal Agarwal, CAFor Respondent: Ms Manisha Chandra, CIT fu/kZkfjrh dh vksj ls@
Section 11Section 12ASection 143(3)Section 147Section 148Section 2(15)

…se would be covered within the proviso to section 2(15) and, in the otherwise scenario, the assessee will be construed to have carried on its activities of general public utility. (see Society of Indian Automobile Manufactures v. ITO [2016] 71 taxmann.com 138/159 ITD 659 (Delhi - Trib.)” “163.We sum up our final conclusions as under; In carrying on the charitable activities, certain surplus may ensue. However, earning of surplus, itself, should not be construed as if the assessee existed for profit. The word "profit" means that the owners of the entity have a right to withdraw the surplus for any purpose includ…

Southern Gujarat Chamber Trade & Industry Development Centre, Surat vs. Income Tax Officer, Surat

In the result the grounds of appeal raised by the assessee are allowed

ITA 910/AHD/2016[2011-12]Status: DisposedITAT Surat06 Jul 2021AY 2011-12

Bench: Shri Pawan Singh () & Dr. Arjun Lal Saini ()

For Appellant: Mr. Rasesh Shah & Ms ChaitaliFor Respondent: Mr. O.P. Vaishnav, CIT-DR
Section 11Section 12ASection 142(1)Section 2Section 2(15)Section 234ASection 234BSection 254(1)

…ITA No. 910/AHD/2016 Assessment Year.2011-12 Southern Gujarat Chamber Trade & Industry Development Centre INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH (JUDICIAL MEMBER) AND Dr. ARJUN LAL SAINI (ACCOUNTANT MEMBER) ITA No. 910/AHD/2016 for Assessment Year: 2011-12 (Virtual Court Hearing) Southern Gujarat Chamber The Income Tax Officer, Trade & Industry Vs. Exemption-Ward, Development Centre, Aayakar Bhavan, Opp. New Civil “Samruddhi”, Near Makkai Hospital Majuragate Surat. Bridge Nanpura, Surat-395001. PAN No. AAICS 8963 M Appellant Respondent Assessee by : Mr. Rasesh Shah & Ms Chaital…

M/S. Rajasthan Cricket Association, Jaipur vs. Add.CIT. Range-2, Jaipur

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

ITA 284/JPR/2020[2011-12]Status: DisposedITAT Jaipur25 Nov 2020AY 2011-12
For Appellant: Shri Shyam Lal Agarwal (CA) &For Respondent: Smt. Rooni Paul (Addl.CIT) &

…se would be covered within the proviso to section 2(15) and, in the otherwise scenario, the assessee will be construed to have carried on its activities of general public utility. (see Society of Indian Automobile Manufactures v. ITO [2016] 71 taxmann.com 138/159 ITD 659 (Delhi - Trib.)” “163. We sum up our final conclusions as under; (i) In carrying on the charitable activities, certain surplus may ensue. However, earning of surplus, itself, should not be construed as if the assessee existed for profit. The word "profit" means that the owners of the entity have a right to withdraw the surplus for any purpose inc…

Income Tax Officer (Exemption), Ward-1, Jaipur vs. M/S Rajasthan Cricekt Association, Jaipur

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

ITA 1356/JPR/2018[2011-12]Status: DisposedITAT Jaipur09 Dec 2019AY 2011-12
For Appellant: Shri Shyam Lal Agarwal (CA) &For Respondent: Smt. Rooni Paul (Addl.CIT) &

…se would be covered within the proviso to section 2(15) and, in the otherwise scenario, the assessee will be construed to have carried on its activities of general public utility. (see Society of Indian Automobile Manufactures v. ITO [2016] 71 taxmann.com 138/159 ITD 659 (Delhi - Trib.)” “163. We sum up our final conclusions as under; (i) In carrying on the charitable activities, certain surplus may ensue. However, earning of surplus, itself, should not be construed as if the assessee existed for profit. The word "profit" means that the owners of the entity have a right to withdraw the surplus for any purpose inc…

Income Tax Officer (Exemption), Ward-1, Jaipur vs. Rajasthan Cricket Association, Jaipur

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

ITA 1355/JPR/2018[2010-11]Status: DisposedITAT Jaipur09 Dec 2019AY 2010-11
For Appellant: Shri Shyam Lal Agarwal (CA) &For Respondent: Smt. Rooni Paul (Addl.CIT) &

…se would be covered within the proviso to section 2(15) and, in the otherwise scenario, the assessee will be construed to have carried on its activities of general public utility. (see Society of Indian Automobile Manufactures v. ITO [2016] 71 taxmann.com 138/159 ITD 659 (Delhi - Trib.)” “163. We sum up our final conclusions as under; (i) In carrying on the charitable activities, certain surplus may ensue. However, earning of surplus, itself, should not be construed as if the assessee existed for profit. The word "profit" means that the owners of the entity have a right to withdraw the surplus for any purpose inc…

Deputy Commissioner of Income Tax, (E), Circle-1, Bengaluru vs. M/S. Tool and Gauge Manufacturers Association of India, Bengaluru

In the result, the appeal filed by the revenue is allowed

ITA 2864/BANG/2017[2012-13]Status: DisposedITAT Bangalore16 Nov 2018AY 2012-13

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year : 2012-13

For Appellant: Smt. Swapna Das, Addl. CIT (DR)For Respondent: Smt. Kavitha .P, CA
Section 2(15)

…nal order is also not applicable in our considered opinion. 11. The next judicial pronouncement relied upon is the decision of the Delhi Bench of the Tribunal rendered in the case of Society of Indian Automobile Manufacturers Vs. ITO (E) as reported in [2016] 159 ITD 659. The ld. CIT(A) has also referred to this Tribunal order in Para 10 of his order as reproduced above. Now we examine the applicability of this Tribunal order in the present case. Para no. 11 of this Tribunal order is relevant and hence, the same is reproduced hereinbelow. “11. Coming back to the factual matrix of the case, we find that the assess…

Indian Institute of Packaging, Mumbai vs. ACIT (E) I(1), Mumbai

In the result both the appeals of assessee are allowed for statistical purposes

ITA 191/MUM/2017[2013-14]Status: DisposedITAT Mumbai11 Apr 2018AY 2013-14

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm & M/S. Indian Institute Of Vs. Acit (E)I(1), Packaging Mumbai E-2, Midc Area Road No.8, Post Box No.9432, Andheri (E), Mumbai - 400093 Pan/Gir No.Aaati1545E Appellant) .. Respondent)

Section 11Section 12ASection 143(3)Section 2(15)

…ertain persons became super-specialists in particular field and institution was charging fee, case would not fall under proviso to section 2(15). (iii) Society of Indian Automobile Manufacturers v. Income-tax Officer, (Exemption), Trust Ward-II, Delhi* [2016] 159 ITD 659 (Delhi - Trib.) Where activities of assessee-society in organising seminars/conferences and Auto Expo were performed with prior object of promotion of growth of automobile industry in India which is an object of general section 2(15) even if some income was generated from such activities. (iv) Deputy Commissioner of Income-tax, Circle-6 (1), Moha…

ADIT(E), New Delhi vs. M/S. Ernet India, New Delhi

In the result, both the appeals of the revenue are dismissed

ITA 2874/DEL/2014[2010-11]Status: DisposedITAT Delhi27 Dec 2017AY 2010-11

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 11Section 12ASection 143(3)Section 2(15)

…285 IV. India Trade Promotion Organization Vs. DIT(E) 371 ITR 333 V. PHD Chamber of Commerce and Industry Vs. DIT (E) 357 ITR 296 VI. National Interest Exchange of India Vs. DIT (Exemption) ITA No. 3033/Del/2005 VII. Society of Indian Automobile Manufactures 159 ITD 659 VIII. National Accreditation Board for Testing and Calibration Vs. ADIT. ITA No. 1115/Del/2013 IX. Bombay Presidency Golf Club Vs. DIT 52 52SOT 149 X. Credit Guarantee Fund Trust 163 ITD 285 XI. Quality Circle Forum of India Vs. DDIT 162 ITDS 122 XII. The Improvement Trust Vs. ITO, ITA No. 987/Chd/2014 XIII. The Patiala Trust Vs. ITO ITA No. 305/…

ADIT(E), New Delhi vs. M/S. Ernet India, New Delhi

In the result, both the appeals of the revenue are dismissed

ITA 2873/DEL/2014[2009-10]Status: DisposedITAT Delhi27 Dec 2017AY 2009-10

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 11Section 12ASection 143(3)Section 2(15)

…285 IV. India Trade Promotion Organization Vs. DIT(E) 371 ITR 333 V. PHD Chamber of Commerce and Industry Vs. DIT (E) 357 ITR 296 VI. National Interest Exchange of India Vs. DIT (Exemption) ITA No. 3033/Del/2005 VII. Society of Indian Automobile Manufactures 159 ITD 659 VIII. National Accreditation Board for Testing and Calibration Vs. ADIT. ITA No. 1115/Del/2013 IX. Bombay Presidency Golf Club Vs. DIT 52 52SOT 149 X. Credit Guarantee Fund Trust 163 ITD 285 XI. Quality Circle Forum of India Vs. DDIT 162 ITDS 122 XII. The Improvement Trust Vs. ITO, ITA No. 987/Chd/2014 XIII. The Patiala Trust Vs. ITO ITA No. 305/…

Dahisar Sports Foudation, Mumbai vs. ITO (E) (I), Mumbai

In the result, this appeal filed by the assessee stands allowed

ITA 7046/MUM/2016[2011-12]Status: DisposedITAT Mumbai09 Nov 2017AY 2011-12

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No. 7046/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) Dahisar Sports Foundation Ito (Exemptions)-(1), Dahisar Sports Foundation Ground, Piramal Chambers, Lalbaug, बनाम/ Opp. Viday Mandir School, Parel, Mumbai-400 012 Vs. C. S. Road, Dahisar (E), Mumbai-400 068 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaatd 3769 P (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Vipul Joshi ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 31.08.2017 Date Of Hearing घोषणा क" तार"ख / : 09.11.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals)-1, Mumbai (‘Cit(A)’ For Short) Dated 08.09.2016 & Pertains To The Assessment Year (A.Y.) 2011-12. 2. The Grounds Of Appeal Read As Under: 1.1 The Learned Commissioner Of Income - Tax (Appeals) - 1, Mumbai, ["Ld. C1T (A)"] Erred In Confirming The Action Of The A.O. In Denying The 2 Dahisar Sports Foundation Vs. Ito (E) Benefit Of Exemption U/S. 11 Of The Income - Tax Act, 1961 ["The Act"] To The Appellant. 1.2 The Ld. Cit (A) Erred In Confirming The Action Of The A.O. In Holding That The Case Of The Appellant Was Covered By The Proviso To Section 2 (15) Of The Act. 1.3 It Is Submitted That In The Facts & The Circumstances Of The Case & In Law, No Denial Of Exemption Was Called For. 2 Without Prejudice To The Above, In The Alternative, Assuming - But Not Admitting - That Some Addition Was Called For, The Computation Of The Same Is Not In Accordance With The Law, Is Arbitrary & Excessive.

For Appellant: Shri Vipul JoshiFor Respondent: Ms. Hemalatha
Section 11Section 13(8)Section 2Section 2(15)Section 271

…आयकर अपील"य अ"धकरण “एक-सद"य मामला” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI "ी शमीम याहया, लेखा सद"य के सम" । BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 7046/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) Dahisar Sports Foundation ITO (Exemptions)-(1), Dahisar Sports Foundation Ground, Piramal Chambers, Lalbaug, बनाम/ Opp. Viday Mandir School, Parel, Mumbai-400 012 Vs. C. S. Road, Dahisar (E), Mumbai-400 068 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AAATD 3769 P (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant by : Shri Vipul Joshi…

DDIT (E), Delhi vs. Petrotech, New Delhi

ITA 6259/DEL/2012[2009-10]Status: DisposedITAT Delhi11 Apr 2017AY 2009-10

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiddit(E), Vs. Petrotech, Inv. Cir-Ii, Room No. 306, Aayakar 601/603, Tolstoy House, Tolstoy Bhawan, Laxmi Nagar, Delhi Marg, Connaught Place, New Delhi Pan:Aaaap0965E (Appellant) (Respondent )

For Appellant: Sh Ajay Vohra, Sr. AdvFor Respondent: Sh. FR Meena, Sr. DR
Section 11Section 11hSection 12ASection 143(3)Section 2(15)Section 80G

…that activity of organising conferences, seminars etc. against payment of fees will not hit by above proviso to section 2(15) of the Act: DDIT ( Exemption) VPetrotech ITA No 6259/ Del/2012 A Y 2009-10  Society of Indian Automobile Manufacturers vs. ITO(E): 159 ITD 659 (Del.)  India International Centre vs. ADIT(E): 154 ITD 220 (Del.)  ITO vs. Indian Leather Products Association: 156 ITD 393 (Kol.) It is respectfully submitted that the legal position that emerges from the aforesaid decisions is that where a charitable trust/ institution undertakes/ carries on commercial activities in the nature of business, t…

Society of Indian Automobile Manufactures v. ITO (159 ITD 659) — Cited in 13 Judgments | BharatTax