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The expenses claimed by the assessee were allowed u/s 11 & 12 of the Act. However, from AY 2009-10 when proviso 2 was added u/s 15 of the Act, the exemption claimed u/s 11 & 12 of the Act was disallowed to the assessee. The year under appeal before us in AY 2010-11 and in view of Proviso 2 of Section 15 of the Act, the assessee was receiving membership fee and also charging participation fee for organizing different seminars, conferences, the exemption claimed u/s 11 & 12 of the Act was denied. Thecaseof the Revenue was that the assessee was not doing for the benefit of publication at large. It was further held that the principle of mutuality would not apply as the income of the assessee was not exclusively from its own member only. The Assessing Officer denied the exemption claimed u/s 11 & 12 of the Act to the assessee and it was upheld by the CIT(A) against which the assessee is in appeal before Tribunal.

Shanti Prime Publication Pvt. Ltd.

Sec. 11 & 12 of Income Tax Act, 1961—Charitable Purpose— Where the assessee has generated some excess of receipt over expenses in undertaking these activities and same was normal incident of the activity of promotion of automobile industry and could not be characterized with business activities, therefore, assessee was held to be entitled to claim the benefit u/s 11 & 12. - SOCIETY FOR INDIAN AUTOMOBILE MANUFACTURERS V/s ITO - [2020] 82 ITR (TRIB) 279 (ITAT-DELHI)