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2019 (4) TMI 1800 - AT - Income TaxExemption u/s 11 and 12 - Charitable activity u/s 2(15) - HELD THAT:- Activities carried out by the assessee are like advancement of any other object of general public utility, and therefore the assessee is eligible for exemptions u/s 11. As the facts of the case on hand are identical to the facts as discussed above, therefore respectfully following the same we hold that the activities of the assessee are not in the nature of commerce/ trade. As such the activities carried out by the assessee are in the nature of advancement of general public utility. The judgment above being of Jurisdictional High Court is binding on us. Therefore we do not find any force in the argument of the learned DR as discussed above. Exemption u/s 11 - There is no ambiguity that the AO did not verify the calculation for the exemption under section 11 of the Act during the assessment proceedings. Therefore we are inclined to restore this issue to the file of the AO for the limited purpose of the verification of the exemptions to be allowed under section 11 of the Act. Hence the ground of appeal of the assessee is partly allowed for statistical purposes.
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