TMI Blog2019 (5) TMI 1773X X X X Extracts X X X X X X X X Extracts X X X X ..... hing for the sports. Such an activity ostensibly falls within the ambit of category of education and giving coaching in sports is also one of the related activities for the overall development of the youth and the sports activities. Any fees received from such activities cannot be held to be in the nature of any trade, commerce, business activities. In this case, proviso to section 2(15) may not attract in this case, because said proviso is applicable only where a trust is carrying out advancement of any other object of general public utility and here the activities of the assessee trust falls in the realm of activities of educational and sports. Accordingly, we hold that assessee is eligible for benefit u/s 11 and 12 and we do not f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee has shown following receipts in the income and expenditure account :- S.No. Particulars of Income Amount (Rs. 1. Sports Receipts 67,45,512/- 2. Activities Receipts 1,82,47,487/- 3. Work Experience Receipts 14,66,000/- 3. In response to the show cause notice as to why above receipts may not be taxed as business income, assessee supplied 2 lists of students from whom fee have been charged, one containing list of participants who attended the value education workshop; and second containing 214 candidates who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vity, it that does not mean it is involved in any trade, commerce or business activity. Ld. CIT (A) held that principles laid down by the Hon ble Jurisdictional High Court in the aforesaid two cases are squarely applicable as receipts from the activity carried out falls within ambit of carrying out charitable activities and hence assessee is eligible for benefit u/s 11. 5. After considering the rival submissions and on perusal of the relevant facts and material on record, we find that it is an undisputed fact that assessee was granted registration u/s 12AA. The aims and objects of the assessee society are as under: - a) Promote Educational research and studies for qualitative growth of the Institution and the child. b) Educational ..... X X X X Extracts X X X X X X X X Extracts X X X X
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