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Commissioner of Income Tax (Exemptions) Versus IMC Society of ITI Vadia

2016 (10) TMI 46 - GUJARAT HIGH COURT

Charitable trust - commercial activities - Held that:- The term “charitable purpose” includes advancement of any other object of general public utility. Proviso to section 2(15) however provides that such purpose will not be charitable purpose if it involves carrying on any activity of nature of trade or business or any activity rendering any service in relation to the said commercial business, for a cess or fees or any other consideration irrespective of the nature of use or application, or ret .....

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mmenced its activities, it would not be possible to apply this proviso and the question of their applicability would arise at a later stage while actually granting exemption. - As the Tribunal held that the institute was engaged in the object of general public utility, we do not see any error in such view. - Decided against revenue - Tax Appeal No. 569 of 2016 - Dated:- 18-7-2016 - Akil Kureshi And A. J. Shastri, JJ. Mrs Mauna M Bhatt and Mr. Munjal M Bhatt, Advocates for the Appellant ORDER .....

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a society and had applied for registration under section 12AA of the Income Tax Act, 11961. The Commissioner of Income Tax noted the main objects of the society but came to the conclusion that the objects of the society are not of charitable nature but are purely of commercial nature. He therefore, refused application for registration. The respondent therefore, approached the Tribunal. The Tribunal by the impugned judgment allowed the appeal primarily on the ground that objects of the assessee w .....

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eral public utility but were purely in the nature of commercial activities. 4. From the record, however, we notice that the institute was created with an object of improving quality of training leading to better employibility of trainees and upgradation of industrial training institute. The institute though had to receive funds under certain circumstances, would operate on no loss no profit basis, however, would try to be financially self sufficient for which purpose revenue would be generated t .....

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t of any other object of general public utility: (Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business for aces or fee or any other consideration, irrespective of the nature of use or application or retention, of the income from such activity, unless- (i) such .....

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