M/S. All India Fine Arts & Crafts ... vs Adit (E), New Delhi on 14 February, 2019
Reliance was also placed on
order of ITAT Delhi Bench in the case of ITO (E) vs. The Indian
Golf Union in ITA no. 2653/Del/2015 wherein vide order dated
04.07.2018 the ITAT Delhi Bench had also taken similar view by
following the judgment of the Hon'ble Delhi High Court in the case
of India Trade Promotion Organisation vs. DGIT (E) (supra). The Ld.
Authorised Representative further submitted that there was no
profit motive behind the activities being carried out by the assessee
society and the pre-dominant purpose remained charitable and
just because the assessee society had charged fees for rent and
maintenance while letting out the art galleries and had also earned
income from sale of paintings, it could not be said that the entire
9 ITA NO. 1448/Del/2015 & 1449/Del/2013
(All India Fine Arts & Crafts Society)
activity had become commercial in nature.