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| The Tax Publishers2020 TaxPub(DT) 4145 (Guj-HC) : (2020) 429 ITR 0376 : (2021) 276 TAXMAN 0050 INCOME TAX ACT, 1961
Section 11 Section 2(15)
Where assessee-trust was engaged in activity of management of liquid and solid waste in industrial area and it earned profit, as dominant objects of assessee were charitable in nature and dominant object was not only preservation of environment but one of general public utility and, therefore, assessee was entitled to seek exemption under section 11.
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Charitable trust - Exemption under section 11 - Assessee-trust was engaged in activity of management of liquid and solid waste in industrial area - Allegation of doing business/commercial activity because assessee earned profit
Assessee-trust was engaged in activity of management of liquid and solid waste in industrial area. Since assessee earned profit, alleged that assessee was engaged in activities which are not in the nature of charity but were of business as per provisos 1 and 2 of section 2(15) read with section 13(8).Held: Dominant objects of assessee were charitable in nature and dominant object was not only preservation of environment but one of general public utility and, therefore, assessee was entitled to seek exemption under section 11. Following judgment of Court in the case of assessee for three assessment years and order passed in relation to the assessment year 2009-10, as lead matter, there was no case to take a contrary view than view taken by lower appellate authorities.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE GUJARAT HIGH COURT
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