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2017 (11) TMI 1367 - AT - Income TaxExemption u/s 11(1) - denial of claim as the activities of the assessee is in the nature of trade, commerce/business, which falls under the “Advance of any other objects of general public utility and hit by the proviso to section 2(15) - CIT-A allowed the claim - AO, while making the addition taxed the income on the ground that the receipts are from non-recognized courses, therefore, it is for non-charitable purposes Held that:- Under the provisions of Explanation-2 of Section-11(1) accumulation of the amount of income, derived from property held under the trust, are permitted to be accumulated u/s 11(2) and under the provision of section 11(1) of the Act, the earning of the assessee from property held for charitable purposes is permitted to be accumulated up to the specified limit of its gross receipts. The assessee society is imparting education to the poor woman for providing vocational and non-vocational education, which has been considered by the Tribunal in its own case for AY 2009-10. The proviso to section-2(15) is applicable only in a situation, when the activities of the assessee are found against the purposes/act and the primary objective even if it is unrecognized by the university/board, it cannot be said that the education is not being imparted. Thus, we don’t find any infirmity in the conclusion of the Ld. CIT(A), - Decided against revenue.
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