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2017 (8) TMI 25 - AT - Income TaxExemption u/s 11 and 12 eligibility - whether the activities of the assessee are charitable in nature and covered under "education" of Section 2(15) and not under advancement of "any other object of general public utility" - Held that:- The annual accounts placed before shows that the assessee has excess of income of ₹ 8351077 for the year ended on 31st of March 2009 and 5188749/– for March 2008. On a query being raised by the bench that whether the assessee is still enjoying the registration under section 12A of the income tax act or not, it was replied by both the parties that still assessee is registered under section 12A. Merely because the assessee is holding conferences and seminars which are according to us in furtherance of the object of education only against payment of fees will not make the object of the trust falling into the 6th category i.e. ‘ Any other object of general public utility’. Further more it is not the case of the revenue that assessee is not carrying on the objective for which it has been formed and the fees and the income earned by the assessee is not used for charitable purposes. The Ld. departmental representative could not controvert the decisions relied upon by the Ld. AR. The revenue also could not place before us any evidence to show that the objects of the assessee are not ‘education’. NO infirmity in the order of the Ld. CIT (A) in holding that assessee is entitled for deduction or exemption under section 11 and 12 of the income tax act as assessee is carrying on the activity of education only and income generated there from is also used for the charitable objects of education only. - Decided in favour of assessee.
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