TMI Blog2016 (11) TMI 1547X X X X Extracts X X X X X X X X Extracts X X X X ..... g with ill health, etc., etc. The Commissioner in his order has observed that the society was formed for the welfare of the gold and bullion merchants of Eluru by the members for the benefit of the members. Such society cannot be considered for the purpose of charity. We find that the Ld. Commissioner correctly held that assessee cannot be considered as a charitable organization. A society is formed for the benefit of themselves, it can only be said that it is a mutual benefit to each other. It cannot be said that people started an association for the benefit of themselves is a charity. The concept of charity means doing something to others who are in poor and helpless condition. The assessee association existed for the people who are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion free environment. 5. Dissuading members from any involvements with those who work against the objects of the association. 6. Represenging, the members in various forums and interacting with various Governmental and non-Governmental organizations, manufacturers, commission agents, brokers, registered associations both local and international, in the matter of their business difficulties and constrains, thereby procuring certain concessions, monopolies, business understandings etc., for the benefit of trade and members. 7. Providing business literature to the members at affordable prices by providing libraries, procuring different business magazines, gazettes, etc. and translating them into Telugu language for education of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout considering the same rejected grant of registration u/s 12AA of the Act. The Hon ble ITAT by considering the submissions of the assessee remitted matter back to the file of the Ld. Commissioner to examine grant of registration u/s 12AA of the Act, afresh. 4. In pursuance to the directions given by the ITAT, the Ld. Commissioner passed an order dated 26.9.2012 and observed that the assessee society is for the welfare of the jewelers and the bullion merchants of Eluru and no charitable activities are being carried out. The assessee society was formed for the welfare of the gold and bullion merchants of Eluru by the members for the benefit of the members of the society cannot be said to be for the purpose of charity and rejected the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee society and no charitable activity is being carried on by the assessee, therefore no registration u/s 12AA of the Act has to be granted to the assessee as it is not eligible for registration u/s 12AA of the Act. 9. We have heard both the parties, perused the materials available on record and gone through the orders of the authorities below. The assessee association was formed in the year 1947 with the main objects to protect the interest of the jewelers and bullion merchants. Though some of the objects provide for charity, particularly object no.9 i.e. collecting the donations for the benefit of the poor and under privileged and providing financial help to the poor students for their education. From the details filed by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who are in poor and helpless condition. The assessee association existed for the people who are in a trade, they are neither poor nor helpless. All the members of the association existed for the purpose of carrying their business with a profit motive. Charity is an anti-thesis of profit. In view of the above, we find that the assessee society is not eligible for registration u/s 12AA of the Act. So far as case laws relied upon by the Ld. Counsel for the assessee is concerned, we have considered each case carefully and find that facts are entirely different from the case in hand. Therefore, those case laws are not relevant to decide the issue before us. 10. In the result, the appeal filed by the assessee is dismissed . The above orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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