2018 (7) TMI 2185 - ITAT MUMBAI

Revision u/s 263 - Exemption u/s 11 - assessee is not doing charitable activities rather engaged in trade, commerce or business - HELD THAT:- The main objectives of the trust are to breed the cattle and endeavour to improve the quality of the cows and oxen in view of the need of good oxen as India is prominent agricultural country; to produce and sale the cow milk; to hold and cultivate agricultural lands; to keep grazing lands for cattle keeping and breeding; to rehabilitate and assist Rabaris and Bharwads; to make necessary arrangements for getting informatics and scientific knowledge and to do scientific research with regard to keeping and breeding of the cattle, agriculture, use of milk and its various preparations, etc.; to establish other allied institutions like leather work and to recognize and help them in order to make the cow keeping economically viable; to publish study materials, books, periodicals, monthlies etc., in order to publicize the objects of the trust as also to open schools and hostels for imparting education in cow keeping and agriculture having regard to the trust objects.

Objects of the trust are of general public utility and beneficial to the public at large as the centers are located at village level in various blocks (Tallukas) in the state of Rajasthan and in each center, gopals are deputed who are responsible for the objects of the assessee trust and such gopals organizes meetings with the villagers. When calf is borne out of the activities carried out by the trust then ‘calf borne certificate’ is issued, which contains the complete details of calving. We have also perused the objects of the trust (available in the paper book) which are of clearly in the nature of charitable purposes, therefore, the objections observed in the impugned order are fully satisfied.

So far as the contention of the Ld. CIT-DR and observed by the Ld. CIT(E) also that a detailed assessment order has not been framed is concerned, we find that firstly, AO was having the benefit of earlier assessment orders, wherein, identical claim of the assessee was allowed and secondly, the assessment was framed after issuance of notices, queries so raised, and on consideration of various replies filed by the assessee as discussed in earlier paras of this order and available on record. Thus, decisions from Hon'ble Apex Court, Hon'ble Gujarat High Court, other High Courts and Hon'ble jurisdictional High Court, we are of the clear opinion that the revisional jurisdiction invoked by the Ld. CIT(E) is not justified. Appeal of the assessee is allowed.