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2020 (10) TMI 1094 - MADRAS HIGH COURTExemption u/s 11 - income received by the appellant such as advertisement income from the souvenir, seminar surplus etc. are in the nature of commercial transaction and cannot be considered as charitable purpose - Tribunal held that the appellant is not entitled for the benefit of Section 11, merely because the appellant received certain additional amounts - what was dominant object of the trust? - organisations which were having their objects of general public utility - HELD THAT:- Fact remains that the assessee is a non-profit entity viz., a charitable public trust and in the light of being a such organisation/institution, the registration of the assessee has not been cancelled or withdrawn till date. Unless and until there is a factual finding rendered by the authority, benefit could not have been denied to the assessee. As we have found that both the authorities or the Tribunal have examined this aspect and merely gone by the first proviso to Section 2(15) of the Act, we are inclined to interfere with the orders passed by the authorities and the Tribunal and remand the matter for fresh consideration. Appeal is allowed and the impugned order passed by the Tribunal as well as the order passed by CIT(A) and the assessment order are set aside and the matter is remanded to the Assessing Officer to take a fresh decision bearing in mind the legal principles laid down by the Courts and Tribunal in various decisions as referred.
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