INCOME TAX ACT, 1961

Section 11

Charitable trust - Exemption under section 11 - Charitable purpose - Trade, commence on business

Assessee, a society, was established in 1982 under Societies Registration Act, 1860 and was granted registration under section 12A vide Order, dated 3-9-1983. The society was also granted exemption under sections 11 and 80G. From the beginning itself, the society was, inter-alia engaged in providing education and promoting research, training and education for peoples participation in developmental processes nationally and internationally. The issue stands covered in favour of the assessee in its own case for assessment year 2009-10 in ITA No. 2657/Del/2013 dated 27-5-2016, further the aforesaid decision of Tribunal was affirmed by the Hon'ble Delhi High Court in ITA No. 845/2016 and C.M. No. 43732/2016 vide Order, dated 25-11-2016 wherein the appeal of the revenue was dismissed. The AO in the assessment year 2013-14,2014-15 and 2015-16 respectively have been accepted the charitable character of thea ssessee and, therefore, allowed the exemption under sections 11 and 12. CIT(A) allowed assessee's claim for impugned assessment years.Held: Respectfully following the assessees judgments for assessment year 20-09-10 invocation of proviso to section 2(15) to deny the claim of exemption under section11 and 12 was not justified and same has been rightly allowed by the CIT(A). Further, the AO himself accepted the charitable character in subsequent assessment proceedings. In view of these facts, there was no infirmity in the order of the CIT(A), therefore, some was upheld, consequently the appeal of the revenue was dismissed.

Followed:decision of Tribunal for assessment year 2009-10 dated 27-5-2016 and also by the Hon'ble Delhi High Court in ITA No. 845/2016 and CM. No. 43732/2016 dated 25-11-2016.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13

SUBSCRIBE FOR FULL CONTENT