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2019 (4) TMI 1240 - HC - Income TaxExemption u/s 11 - assessee is a mutual concern OR charitable institution - application of the funds as per Section 11 - Whether assessee club is not covered by the principle of mutuality thereby violating provisions of Section 13 which disentitles the trust from claiming exemption under Section 11 ? - sports activities and other recreation amenities are mainly for members and not charity - HELD THAT:- The fact that the membership of the club is open to a section of the community doesn't mean that the club has been constituted for the advancement of any other object of general public utility - AO did not have an occasion to consider the application of the funds as per Section 11, since he had come to the conclusion that the Assessee does not fulfill the charitable purpose as defined in Section 2(15) . As relying on DIRECTOR OF INCOME TAX (EXEMPTION) VERSUS GOREGAON SPORTS CLUB [2012 (4) TMI 214 - BOMBAY HIGH COURT ] question regarding exemption u/s 11 would stand remitted to the Assessing Officer in determining whether the requirement of Section 11 of the Income Tax Act, having duly fulfilled as regard to the application of fund. Such exercise may be carried out expeditiously.
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