2018 (4) TMI 643

of India. Assessee institute receive grants from the Govt. under plan fund. Clauses 38 and 39 of MOA which demonstrate that Income and Property of Institute has to be applied only towards promotion of objects of the assessee and that assessee cannot declare dividends. Further, in event of winding up of the Institution nothing will be paid or distributed to the members of the assessee institute. - Assessee institution carries on activities of education, research and development, consultancy, laboratory research including testing and certification in relation to packaging at concessional rates to cover its recurring costs and future costs. The capital costs are usually met from grants of the government. Hence, there appears to be no profi .....

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without appreciating that the said receipt is capital in nature not liable to tax. The learned CIT(A) erred in confirming order of learned Assessing Officer including ₹ 11,78,996/- being subscription received under Post Graduate Scholarship programme as income of the assessee without appreciating that that the said receipt is capital in nature not liable to tax. The learned CIT(A) erred in confirming order of Assessing Officer including ₹ 1,50,00,000+7- being Govt Grants-Plan fund as income of the assessee without appreciating that that the said receipt is capital in nature not liable to tax as the same is received for acquisition of specific assets under Plan fund scheme. The Appellant craves leave to add, amend, delete, alter .....

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eld that where activities are without profit motive, proviso to S.2(15) cannot apply : (i) India Trade Promotion Organisation v DGIT(E) [2015] 371 ITR 333 (Delhi) If dominant and prime objective of institution, was not desire to earn profits but, object of promoting trade and commerce not for itself, but for nation, it was clearly a charitable purpose, [income received was from the letting out of space, sale of publications, sale of tickets and leasing out food and beverages outlets in Pragati Maidan.] (ii) Mudra Foundation for Communications Research & Education v.CCIT [2016] 237 Taxman 139 (Gujarat)(HC). Assessee was a society registered under Societies Registration Act, 1950. Its institution was engaged in imparting higher and specia .....

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essee received member subscription, certification fee, sale of . publications, interest on deposits, bulletin revenue, etc. It was held that where an institution is not driven primarily by a desire or motive to earn profits but to do charity through advancement of object of general public utility, it can be regarded as an institution established for charitable purposes as defined under section 2(15) .Main objects of assessee were to support, protect, maintain, increase and promote export leather articles and products and bye-products of leather industry . Its activities were multiple and directed towards assisting its members in extending their global reach thereby increasing their exports. Assessee s activities were not covered by proviso .....

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rm / wing / body of the Central Government functioning under the overall and administrative control of the Central Government. Further, Annual Accounts are laid before the parliament and their inspection is done by the Comptroller and Auditor General. The service conditions etc of staff are primarily governed by the rules applicable to the employees of the Central Government, their pay scale is also governed by the pay commission recommendation as determined from time to time. The Director and the secretary are required to be appointed with the prior approval of MOC and I, Govt of India. Assessee institute receive grants from the Govt. under plan fund. Clauses 38 and 39 of MOA which demonstrate that Income and Property of Institute has to b .....

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