Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Deputy Director of Income tax (Exemptions) -I, Chennai Versus M/s. Vivekananda Kendra Prakashan Trust

2015 (7) TMI 652 - ITAT CHENNAI

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 ambit of the objects of the parent trust b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gazines, 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 herein above considering the activities .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

RI 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 elaborate grounds in its appeal, and th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eciation 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, filed its return of income for assessment ye .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ngly 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, pictures, calendars, diaries and novel .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 assessee s trust objects held that the pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. 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 order of the Ld. CIT (A) reiterating the sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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., education , relief to the poor , medica .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 the object of the assessee s parent trust .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version