Assessing Officer denied same on ground that assessee received aggregate income of more than Rs. 10 lakhs in nature of fees and, as such, it would come within purview of second proviso under section 2(15). Tribunal affirmed the order of the Assessing Officer denied benefit of section 11 to assessee taking view that substantial sums of money were received by assessee from conducting conferences and seminars which were open to persons other than its members, and this being major activity of assessee as projected in its Annual Report, it could not be considered as an activity incidental to its main objects.On appeal the Court held that since lower authorities had not rendered any finding that activity carried out by assessee was a commercial activity, benefit of exemption could not have been denied to assessee. A Whether, accordingly order of Tribunal was to be set aside and matter was to be remanded to Assessing Officer to take fresh decision. Referred CBDT Circular No. 11/2008, dated 19-12-2008 (AY. 2009-10)
Employers Federations of Southern India v. CIT(E) (2021) 277 Taxman 266 (Mad.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Charitable purpose-Questions concerning relations between employers and employees in Southern India in order to protect their interests-No finding as regards the activity of the trust whether commercial-Matter remanded to the Assessing Officer. [S. 2(15), 11]