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2021 (10) TMI 607 - AT - Income TaxExemption u/s 11 - charitable activity u/s 2(15) - Whether activity of the trust falls under the clause "education and medical relief and not the last limb of advancement of general public utility? - HELD THAT:- As decided in own case [2019 (9) TMI 1598 - ITAT AHMEDABAD]appellant cannot be said to be a profit making organization when the pre-activity is entirely charitable in nature which has been rightly taken care of by the Learned CIT A and hence we confirm the same. In the result revenue's appeal is dismissed. Addition of donation as application of fund - HELD THAT:- As decided in own case [2019 (9) TMI 1598 - ITAT AHMEDABAD] if the donations have been made from the income of the previous year and not out of the accumulation under section 11(2) then the same be eligible to be considered as application of income as long as the recipients are charitable organizations. Having regard this particular aspect of the matter the AO has been further directed by the Learned CITA to verify as to whether these trust have the status of exemption under the Income Tax Act and also whether they are charitable organisation. Subject to such verification of the objects of the recipients the Ld. AO was directed to treat the application of income of the assessee, which in our considered view is just and proper and without any ambiguity so as to warrant interference - Decided against revenue. Corpus donation receipts - HELD THAT:- As decided in own case [2019 (9) TMI 1598 - ITAT AHMEDABAD] CIT(A) observed that Section 2(15) r.w.r. 13(8) of the Act is not applicable to the case of the appellant and further that the appellant would eligible to claim benefit u/s. 11 and 12 of the Act including the deduction u/s. 11(1)(d) of the Act which has been confirmed by us in this appeal. The Learned CIT(A) has, therefore, directed the Learned Assessing Officer to verify whether the corpus donation were received or the voluntary donations have been received by the appellant with a specific direction taking into consideration the entire aspect of the matter, which in our considered opinion is just and proper without any infirmity so as to warrant interference. - Decided against revenue.
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