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2020 (10) TMI 516 - HC - Income TaxExemption u/s 11 - charitable activity u/s 2(15) - As per AO Assessee was engaged in the activities which are not in the nature of charity but were of business as per proviso 1 and 2 of Section 2(15) r/w Section 13(8) - assessee is a company registered under section 25 of the Companies Act, 1996 and is inter alia engaged in the activity of management of liquid and solid wastes in Naroda Industrial Area and thereby earned profit - HELD THAT:- No error in the impugned orders passed by the CIT(A) as well as Income-tax Appellate Tribunal and have concurrently held that taking on overall view, the dominant objects of the assessee are charitable in nature and dominant object is not only preservation of environment but one of general public utility and, therefore, the assessee is entitled to seek exemption under section 11 of the Act. Following the judgment of the Division Bench of this Court [2019 (10) TMI 150 - GUJARAT HIGH COURT] in the case of respondent -assessee for three assessment years and Division Bench has considered the order passed in relation to the AY 2009-10 as lead matter, we do not find any case to take a contrary view then the view taken by the CIT(A) as well as Income-tax Appellate Tribunal. We do not find that this is a fit case to interfere in appeal under section 260-A of the Act as the findings of fact are not perverse. - Decided in favour of assessee.
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