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2014 (6) TMI 503 - AT - Income TaxDenial of registration u/s 12AA of the Act – Charitable purpose u/s 2(15) of the Act - Division opened for publication activity – Held that:- Following Asst. Director of Income-tax (Exemption) -III, Hyderabad Versus Gideons International in India, Hyderabad [2014 (5) TMI 815 - ITAT HYDERABAD] - the placement and distribution of Bible and New Testament is for the benefit of the general public, and thus, is one of the charitable purposes referred to in S.2(15) of the Act being ‘advancement of any other object of general public utility’ - exemption u/s 11 is available for trusts which are charitable or religious or partly charitable and partly religious - even if the income is earned by trust, which is charitable as well as religious and part of the income is applied for religious purposes, exemption u/s 11(1)(a) is still available - the assessee cannot be deprived of registration u/s 12AA of the Act, merely on account of engaging itself in publication of a magazine – thus, the matter is to be remitted back to the DIT(E) for passing appropriate orders, granting registration to the assessee, subject to fulfillment of other conditions, in accordance with law and after giving reasonable opportunity of hearing to the assessee – Decided in favor of Assessee.
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