INCOME TAX ACT, 1961

Section 11

Charitable trust - Exemption under section 11 - Charitable activity under section 2(15) -

Issue for consideration was whether Tribunal was justified in holding that activities of assessee were not in the nature of commerce/trade under sections 11 and 12 without considering the fact that assessee was involved in widespread commercial activities which is covered under first and second provisos to section 2(15). Held: As decided in assessee's own case [(2018) 408 ITR 0558 (Bom) : 2018 TaxPub(DT) 1963 (Bom-HC)] this objection/grievance of Revenue was taken up for the first time across the bar. There is no such objection taken before the authorities by the Revenue. Order of Tribunal had only applied the decision of this Court in Samudra Institute of Maritime Studies Trust [(2014) 369 ITR 0645 (Bom) : 2014 TaxPub(DT) 4131 (Bom-HC)] to conclude that activities which were run by assessee were educational activities and not in the nature of running a Coaching Center or a Class. Revenue was not able to point out as to why it would not apply. Therefore, appeal of Revenue was dismissed.

REFERRED : CIT (Exemptions) v. Indian Institute of Banking and Finance (2018) 408 ITR 0558 (Bom) : 2018 TaxPub(DT) 1963 (Bom-HC) DIT (Exemption) v. Samudra Institute of Maritime Studies Trust (2014) 369 ITR 0645 (Bom) : 2014 TaxPub(DT) 4131 (Bom-HC) and The Indian Institute of Banking & Finance (Formerly known as The Indian Institute of Bankers) v. Asstt. Director of Income Tax Exemption [I.T.A. No. 3087/M/2013, dt. 23-6-2016]

FAVOUR : In assessee's favour

A.Y. :

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