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2022 (9) TMI 1501 - AT - Income TaxExemption u/s 11 - claim of the assessee for deduction u/s 11 has been rejected by AO holding that the assessee’s activities were not for ‘charitable purposes’ within the meaning of 2(15) - HELD THAT:- We have perused the orders passed by the authorities below including the order passed by the Co-ordinate Bench [2019 (1) TMI 289 - ITAT INDORE] by allowing the issue in favour of the assessee, assessee society was constituted by the State Govt. for the benefit of General Public to provide them information regarding employments, education institutions and other information of the govt. schemes. The objectives of the assessee society are publication of weekly newspaper namely "Rozgar Aur Nirman" to supply the material related to advertisement of public welfare schemes of Government of Madhya Pradesh and its undertaking and do such all other acts that are necessary for achievement of the objectives of the society. Therefore, the Revenue Authorities are not justified in holding that the assessee was involved in carrying on the activity in the nature of trade, commerce or business. The main object of the assessee is for the benefit of General Public to provide them information regarding employments, education institutions and other information of the govt. schemes, therefore, we find force in the contention of the assessee that profit making is not the driving force or objective of the assessee and income generated by the assessee does not find its way into the pockets of any individuals or entities. It is to be utilized fully for the purposes of the objects of the assessee. We are of the view that since the object of promoting employments/educational institutions/govt. schemes for the general public is a charitable purpose, the expression 'charitable purpose', as defined in section 2(15) cannot be construed literally and in absolute terms. It has to take colour and be considered in the context of section 10(23C)(iv) as also held in the above judicial pronouncements. We are of the view that the authorities below are not justified in disallowing the entire exemption. We, therefore, direct the AO to delete the disallowances. - Decided in favour of assessee.
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