Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2014 (6) TMI 503

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y charitable and partly religious - even if the income is earned by trust, which is charitable as well as religious and part of the income is applied for religious purposes, exemption u/s 11(1)(a) is still available - the assessee cannot be deprived of registration u/s 12AA of the Act, merely on account of engaging itself in publication of a magazine – thus, the matter is to be remitted back to the DIT(E) for passing appropriate orders, granting registration to the assessee, subject to fulfillment of other conditions, in accordance with law and after giving reasonable opportunity of hearing to the assessee – Decided in favor of Assessee. - ITA No. 1333/Hyd/13 - - - Dated:- 29-5-2014 - Shri Chandra Poojari And Smt. Asha Vijayaraghavan,JJ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tantamounts to spreading of knowledge, and it cannot be stated to be of a religious, but not charitable nature. In support of this contention, he placed reliance on the recent decision of this Tribunal in the case of ADIT V/s. Gideons International In India, Hyderabad in ITA No.1626/Hyd/2013 and in the case of Sri Venkateswara Bhakti Channel Tirupati V/s. ACIT, Circle 1(1), Tirupati in ITA No.336/Hyd.2009. In the recent decision of the Tribunal in the case of Gideons International In India, Hyderabad (supra), which squarely covers the facts of the present case, it has been held vide para 6 of the order dated 7.5.2014, as follows- 6. We heard both sides and perused the orders of the Revenue authorities. It is evident from the impugned o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ses referred to in S.2(15) of the Income-tax Act, 1961, being advancement of any other object of general public utility . It is also settled law that exemption under S.11 is available for trusts which are charitable or religious or partly charitable and partly religious. In the case of Pocket Testament League(India) (19 SOT 150(Del)), it has been held that even if the income is earned by trust, which is charitable as well as religious and part of the income is applied for religious purposes, exemption under S.11(1)(a) is still available. In this view of the matter, we agree with the view taken by the first appellate authority that the assessee is entitled to exemption under S.11 of the Act. We accordingly uphold the order of the CIT(A) and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates