Kolkata (PAN: AAATI 1141 G) Appellant / (अपीलाथ!) Respondent / ("#यथ!) Date of Hearing / सुनवाई 06.12.2023 क& 'त(थ Date of Pronouncement/ 22.12.2023 आदे श उ*घोषणा क& 'त(थ For the Appellant/ Shri S. K. Tulsiyan, Advocate 'नधा/0रती क& ओर से Smt. Lata Goyal, A.R For the Respondent/ Shri Abhijit Kundu, CIT राज व क& ओर से ORDER / आदे श Per Rajesh Kumar, AM: These are the appeals preferred by the assessee against the separate orders of the Ld. Commissioner of Income Tax (Appeals)NFAC, Delhi [hereinafter referred to as 'Ld. CIT(A)'] even dated 23.08.2023 for the assessment years201314 & 201415. 2. First we shall adjudicate in ITA No. 933/Kol/2023 for AY 201314. The issue raised in ground nos. 1 to 5 is against the order of Ld. CIT(A) wherein the Ld. CIT(A) has treated activities of meetings, conferences and seminars of the assessee not for charitable purpose and thus denying exemption u/s 11 of the Act in respect of entire 2 I.T.A. Nos.933 & 934/Kol/2023 Assessment Years: 201314 & 201415 Indian Chamber of Commerce receipts of the assessee. The grounds no. 1 to 5 are reproduced below for sake of ready reference: 1. That the action of the Ld. CIT(A) holding that the Appellant Association's activities amount to Trade, Commerce or business based on its receipts and income is arbitrary, contrary to the facts on record, directly in conflict with the judgment of the Hon'ble Supreme Court in the case of Asstt. Commissioner of Income tax (E) vs. Ahmedabad Urban Development Authority and hence not sustainable. 2. That the Appellant Association being engaged in the . advancement of object of general public utility was entitled to claim exemption since the amount charged by it for rendering services to its members and nonmembers were on cost to cost basis and was not significantly higher as stated in the judgement of the Supreme Court (supra) and hence the CIT(A) erred in not having appreciated such entitlement of exemption. 3. That the CIT(A) and the A.O. erred in not appreciating that out of the total revenue of Rs. 16,09,69,613/, the revenue of Rs.2,06,23,114/ was the receipt from the members of the Appellant Association, which is not chargeable to tax on the ground of mutuality. 4. That the major part of the income/receipt by way of rent and interest are being the revenues coming from the permitted accumulations of past and, therefore, do not amount to trade, commerce and business of the Appellant Association calling for invoking of proviso to section 2(15) of the I.T. Act, 1961. 5. That the activities of the appellant in holding meetings, conferences and seminars resulting into revenue, the expenditure thereof was far in excess of the receipt and therefore, do not fall w the nature of trade, commerce or business and, therefore, the action of the GIT(A) in upholding the order of the Assessing Officer and further enhancing the income/surplus by Rs. 1,90,76,680/ by invoking his power of enhancement is bad in law. 3. Facts in brief are that the assessee filed return of income on 17.09.2013 declaring total income at NIL. The assessee the Indian Chamber of Commerce (in short ICC) is an association of industrialist, being a company registered u/s 25 of Companies Act as nonprofit making company and does not distribute any dividends to its members. Its entire receipts/revenue are being spent for the fulfillment of its objectives as per its Memorandum and Articles of Association(hereinafter referred to 3 I.T.A. Nos.933 & 934/Kol/2023