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2023 (5) TMI 475 - HC - Income TaxExemption u/s 11 and 12 - Charitable activity u/s 2(15) - HELD THAT:- The proviso is suggestive of the fact that advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity. A finding of the fact has been returned by the Tribunal to the effect that the assessee is not engaged in trade, commerce and business, and its dominant and prime objective is charitable in nature and, thus, the activity in which it is engaged falls within the scope and ambit of Section 2(15) of the Act. As recorded in the aforementioned order assessee is an important constituent of the Central Government: a facet that perhaps lends weight to the finding returned by the Tribunal. No substantial question of law arises.
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