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2014 (11) TMI 1013 - ITAT CHENNAIEligibility for exemption U/s.11 - whether there is violation to the newly inserted proviso to Sec.2(15) of the Act since the objects of the Assessee society falls under ‘General Public Utility’ as envisaged in the Act? - assessee society is a society, formed for promoting the sports of swimming and related activities - Held that:- Considering the scope of sports development in India, we are of the view that the recognized sports association in India, who impart knowledge in sports, promotion of sports by conducting various sports activities in all branches, to fall within the scope of “education as defined under the amended provisions of Section-2(15) of the Act”. Accordingly we hold that the objects of the assessee society will fall within the scope of the first limb of the amended provisions of section 2(15) of the Act viz., “education”. Further on analyzing the activities of the assessee society with regard to FIDE trainer coach fee, AICF chronicle, Prize money share, Rent on Monrai system, Title fees,Telecast charges–Doordarshan and FIDE remittances we find that all of them relate to the activities which are incidental to the main objects of the assessee’s society and therefore, proviso to section 2(15) of the Act will not be attracted. Based on our aforesaid decision the learned Assessing Officer is hereby directed to modify his order accordingly. We hereby hold that the objects of the assessee trust falls within the scope of the first limb of Sec.2(15) of the Act viz. ‘Education’ and therefore, the proviso to Sec.2(15) of the Act will not be attracted and accordingly, the order of the Ld. CIT (A) stands confirmed in allowing exemption - Decided in favour of assessee.
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