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2012 (4) TMI 214 - HC - Income TaxMain object of the Assessee is to promote sports and athletic activities - AO denied the exemption claimed under Section 11 treating the Assessee as a mutual concern and the facilities for the promotion of sports are provided to a limited group of people, being the members of the club - Commissioner (Appeals) concluded that the promotion of sports and games fell within the purview of Section 2 (15) since it constituted an advancement of any other object of general pubic utility and directed AO to grant exemption u/s 11 - revenue appeals against the CIT(A) - Held that:- the fact that the membership of the club is open to a section of the community doesn't mean that the club has been constituted for the advancement of any other object of general public utility - AO did not have an occasion to consider the application of the funds as per Section 11, since he had come to the conclusion that the Assessee does not fulfill the charitable purpose as defined in Section 2(15) hence remit the proceedings back to the AO to determine whether the requirements of Section 11 have been duly fulfilled as regards the application of the funds - Appeal of revenue disposed off as the Assessee is a Charitable Institution
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