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2015 (7) TMI 652 - AT - Income TaxEntitlement for exemption U/s.11A - whether the assessee’s activities were in the nature of “advancement of general public utility” being printing and sale of books, magazines, pictures, calendars, diaries and novelties wherein the second proviso to Section-2(15) of the Act is attracted? - Held that:- The objects of the assessee’s trust are only in support of the assessee’s parent trust. Therefore, the scope of the assessee’s trust cannot go outside the ambit of the objects of the parent trust but in parity with the assessee’s parent Trust. Hence all the activities of the assessee’s trust which are associated with the main objects of the assessee’s Parent trust has to be recognized in consonant with the assessee’s Parent Trust “VK” viz., ‘education’, ‘relief to the poor’, ‘medical relief’, ‘preservation of monuments of places or objects of artistic or historical interest’ or ‘advancement of any other general public utility’. The issue is with respect of the sale of books, magazines, pictures, calendars, diaries and novelties etc., containing the preaching’s of swami Vivekananda which is directly attributable to the upkeep of the Sami Vivekananda Rock Memorial because it will bring an awareness to the public at large and influence them to participate in the cause of the parent trust who’s one of the objects is ‘preservation of monuments of places or objects of artistic or historical interest’. Therefore as per our discussions herein above considering the activities of the assessee Trust which is associated with the object of the assessee’s parent trust viz., preservation of monuments of places or objects of artistic or historical interest’, we hereby hold that proviso to Section-2(15) of the Act would not be applicable to the case of the assessee. Therefore, we hereby direct the Ld. Assessing Officer to allow the benefit of Section.11 to the assessee. - Decided in favour of assessee.
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