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2015 (7) TMI 652 - ITAT CHENNAI

2015 (7) TMI 652 - ITAT CHENNAI - TMI - Entitlement for exemption U/s.11A - whether the assessee’s activities were in the nature of “advancement of general public utility” being printing and sale of books, magazines, pictures, calendars, diaries and novelties wherein the second proviso to Section-2(15) of the Act is attracted? - Held that:- The objects of the assessee’s trust are only in support of the assessee’s parent trust. Therefore, the scope of the assessee’s trust cannot go outside the am .....

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is with respect of the sale of books, magazines, pictures, calendars, diaries and novelties etc., containing the preaching’s of swami Vivekananda which is directly attributable to the upkeep of the Sami Vivekananda Rock Memorial because it will bring an awareness to the public at large and influence them to participate in the cause of the parent trust who’s one of the objects is ‘preservation of monuments of places or objects of artistic or historical interest’. Therefore as per our discussions .....

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:- 15-7-2015 - SHRI N.R.S.GANESAN AND SHRI A.MOHAN ALANKAMONY, JJ. For The Appellant : Mr.N.Madhavan, JCIT, D.R For The Respondent : Mr.V.S.Jayakumar,Advocate ORDER PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: This appeal is filed by the Revenue and the Cross Objections filed by the Assessee against the order of the Learned Commissioner of Income Tax(A)-VIII, Chennai dated 28.05.2014 in ITA No.312/13- 14 passed under Sec.143(3) read with section Sec. 250 of the Act. 2.1 The Revenue has raised six .....

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lowing the claim of the assessee of depreciation amounting to ₹ 35,447/-. 2.2. Cross Objections The assessee has raised two grounds in support of the order of the Ld. CIT (A), however the crux of the issue is that Ld. CIT (A) erred by holding that the activities of the assessee trust are not education but in the nature of advancement of general public utility . 3. The brief facts of the case are that the assessee is a trust, registered u/s 12A(a) of the Act vide DIT(E) No.2(97)/94-95, file .....

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the Act would get attracted and accordingly denied the benefits of exemption u/s.11 of the Act. The Ld. Assessing Officer further allowed the claim for the current year s depreciation as against the total claim by the assessee of ₹ 61,185/-. 4.1 Ground No.1 - Grant of exemption U/s.11A of the Act During the course of assessment proceedings, the Ld. Assessing Officer observed that the only activities of the assessee are revenue generated out of sale of printing and sale of books, magazines .....

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hts of Swami Vivekananda, provide value based education by running schools and educational institutions, provide medical relief to the poor, conduct regular yoga camps, to conduct research etc. 3. The assessee also placed reliance in the case of Oxford University Press Vs. CIT in 115 Taxman 69 (SC), Secondary Board of Education Vs. ITO in 86 ITR 408(Orissa). 4. However the Ld. Assessing Officer disregarding the objects of the assessee s parent trust VK and only taking into consideration of the a .....

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l public utility . 4.2 On appeal, the Ld. CIT (A) held that the constructive activities promoting Swami Vivekananda s doctrine, though strictly cannot be held as education which is charitable in nature but will fall within the clause advancement of general public utility and therefore the assessee trust is entitled for exemption U/s.11A of the Act. 4.3. Before us the Ld. D.R vehemently argued in support of the order of the Ld. Assessing Officer while as the Ld. A.R. argued in support of the orde .....

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rest or advancement of any other general public utility . The objects of the assessee s trust are only in support of the assessee s parent trust. Therefore, the scope of the assessee s trust cannot go outside the ambit of the objects of the parent trust but in parity with the assessee s parent Trust. Hence all the activities of the assessee s trust which are associated with the main objects of the assessee s Parent trust has to be recognized in consonant with the assessee s Parent Trust VK viz., .....

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ies etc., containing the preaching s of swami Vivekananda which is directly attributable to the upkeep of the Sami Vivekananda Rock Memorial because it will bring an awareness to the public at large and influence them to participate in the cause of the parent trust who s one of the objects is preservation of monuments of places or objects of artistic or historical interest . Therefore as per our discussions herein above considering the activities of the assessee Trust which is associated with th .....

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