TMI Blog2018 (2) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... ogistics industry, would certainly serve the object of general public utility as driving vehicles by the untrained drivers on the roads are also leading to numerous road accidents in our country. Asassessee company registered u/s 25 of the Companies Act is carrying out its activities with specific aims and objects of imparting training in logistics, warehousing management and courier management for the benefit of the public at large being a public private partnership having affiliation of NSDC under the Ministry of Skill Development and Entrepreneurship as its vocational training partner and as such, is entitled to be registered u/s 12AA and consequent approval u/s 80G of the Act. So, the impugned orders passed by the CIT (Exemption), Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. CIT (E) has erred in observing that the activities of the appellant are merely for promotion of transportation business and rejecting the application of the appellant to register the Trust u/s 12AA of the Income Tax act on this ground. ITA No.5402/Del/2015 1. That the Ld. CIT (E) has erred in rejecting the application of the appellant to register the Trust u/s 80G of the Income Tax Act. 2. That the Ld. CIT (E) has erred in rejecting the application of the appellant to register the Trust u/s 80G of the Income Tax Act, despite the fact that objects are Charitable, within the definition of sub-section 15 of Section 2 of the Income Tax Act, 1961. 3. That the Ld. CIT (E) has erred in observing that the activ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tribution of profit amongst its members by way of dividends with following aims and objects : 1. To initiate, carryout, execute, implement, aid and assist activities towards developing knowledge, skill expertise, competencies and capabilities for Logistics sector and in meeting the entire value chain's requirements of-appropriately trained manpower in quantity and quality on a sustained and evolving basis. 2. To establish / run schools, colleges, institutes, training centers, and such other agencies as may be required to promote competency building in logistics sector. 3. To design, develop implement skill competency development plan for the Logistics Sector and maintain skill inventory. 4. To collabo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s suitably for furtherance of its objectives. 14. To provide consultancy to other educational institutes, universities, training centers, such other organization which are into / willing to develop competencies for Logistics Sector. 15. No objects of the Company shall .carried out without obtaining prior permission of competent authority, whenever require or prescribed. 16. None of the objects of the company shall be carried out on a commercial basis. 8. Ld. CIT declined the registration u/s 12AA and approval u/s 80G to the assessee company on the sole ground that, the activities of the assessee company does not fall within the ambit of section 2(15) of the Act i.e. charitable purpose as the activities o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been formed for conducting courses for TCI employees and trainee after getting training are to serve the TCI, the assessee company cannot be said to be formed for rendering services to the public at large. However, we are of the considered view that when skill training is given by the assessee company in logistics to the trainee though from TCI but without any binding agreement that they were to serve TCI for a specified period, the argument raised by the ld. DR is not sustainable. Training imparted to the trainee which would create job opportunities for the trainee with liberty to serve anywhere would certainly amount to rendering services to the public at large. 12. When we examine the annual operational report of the assessee com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brought to our notice Circular No.11/2008 DATED 19.12.2008 explaining the amendment in section 2(15) of the Act w.e.f. 01.04.2009 as under :- Section 2(15) of the Income Tax Act, 1961 defines charitable purpose to including the following :- ( i) Relief of the poor ( ii) Education ( iii) Medical relief, and ( iv) The advancement of any other object of general public utility 15. When we examine the aims and objects of the assessee company in the light of the aforesaid definition of charitable purpose imparting skill education in logistics, warehousing management and courier management, it would certainly lead to fulfilling the object of general public utility. Furthermore, by impa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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