2014 (6) TMI 503

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..... ayaraghavan, Judicial Member: This appeal of the assessee is directed against the order of the Director of Income-tax(Exemption) dated 31.7.2013, rejecting the application of the assessee for registration under S.12AA of the Income-tax Act, 1961. 2. Effective grounds of the assessee in this appeal are as follows- 1. The Order of the learned Director of Income-tax(Exemption) is erroneous and not .....

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..... the assessee for registration under S.12AA of the Act. The learned counsel for the assessee, submitted that publication of a magazine and its distribution 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 Internatio .....

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..... ctivity of the assessee, admittedly, is the main one, and is strictly in accordance with the objects of the assessee trust, specified in the Memorandum of Association. Just because of that main activity of the assessee, ignoring the other activities of the assessee as well, it cannot be said that the assessee is merely pursuing a religious activity. Even otherwise, this activity, by itself, in our .....

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..... s 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, whi .....

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..... sing 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., 4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the court at the conclusion of the hearing on 29.5.2014.
Case laws, Decisions, Judgements, Order .....

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