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2019 (1) TMI 608 - HC - Income TaxCancellation of registration u/s 12AA - Charitable activities u/s 2(15) - Held that:- Tribunal found that the assessee trust had entered into an agreement with said M/s Ashoka Buildcon Ltd. under which the assessee handed over the possession of land to the said concern for putting up a plant for manufacturing of Ready Mix Concrete. The said M/s Ashoka Buildcon Ltd. would supply Ready Mix Concrete required by the assessee for the construction of its school building on priority and at concessional rates. As found that at the relevant time in the nearby area no such plant was there from which the assessee could have procured the material to carry out its construction activities unhindered. It was noticed that the Ready Mix concrete was supplied with concessional rate. Tribunal has committed any error. The decision of the Kerala High Court in the case of Annadan Trust (2018 (8) TMI 518 - KERALA HIGH COURT) was rendered in somewhat different facts. The case in which the assessee trust was engaged in implementing welfare schemes of various State Governments such as supplying food to poor school children in the disbursed areas. The registration was cancelled by the Commissioner on the ground that the assessee failed to substantiate that the same was done on charitable basis. - Decided against revenue.
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