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2015 (7) TMI 1115 - ITAT CHENNAI

2015 (7) TMI 1115 - ITAT CHENNAI - TMI - Eligibility for exemption u/s 11 - registration u/s 12AA - non charitable activity - Held that:- It is not in dispute that the activity of the assessee was considered to be a general public utility and the DIT(E) has granted registration u/s 12AA of the Act. Therefore, for the year under consideration, the assessee is eligible for exemption u/s 11 subject to fulfillment of further conditions as laid down in sections 11,12 and 13 of the Act. Since the lowe .....

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We are not expressing any opinion with regard to exemption for assessment year 2010-11. Suffice to say that subject to fulfillment of conditions of section1 11,12 & 13 of the Act, the assessee is eligible for exemption for assessment year 2009-10. Accordingly, the orders of the lower authorities are set aside and the entire issue is remitted back to the file of the Assessing Officer to reconsider the issue afresh in the light of the provisions of sections 11, 12 & 13 of the Act and thereafter de .....

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ncome-tax (Appeals)-VII, Chennai, dated 25.09.2013 and pertains to assessment year 2009-10. 2. Shri S. Seetharaman, ld. Representative for the assessee submitted that the assessee is a registered charitable trust u/s 12AA of the Act. However, in the assessment proceedings, the Assessing Officer disallowed the claim of the assessee for exemption u/s 11 of the Act. The Assessing Officer found that the activity of the assessee amounts to rendering service in relation to trade, commerce or business, .....

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also placed his reliance on the judgment of the Hon'ble Delhi High Court in India Trade Promotion Organization vs Director General of Income-tax (Exemptions) [2015] 53 taxmann.com 404. The ld. Representative has also placed his reliance on the statement made by the Hon'ble Finance Minister on the floor of the Parliament while moving Finance Bill, 2008. 4. On the contrary, Shri A.V. Sreekanth, ld. Departmental Representative submitted that the assessee is providing service to the Tamil Fi .....

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. DR, the CIT(A) has rightly confirmed the order of the Assessing Officer. 5. We have considered the rival submissions on either side and also perused the material available on record. The assessment year under consideration is 2009-10. The Parliament by Finance Act, 2008 introduced first proviso to section 2(15) of the Act clarifying that the services rendered in relation to trade, commerce or business are not eligible for exemption since the same cannot be considered to be as charitable purpos .....

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