TMI Blog2014 (7) TMI 1339X X X X Extracts X X X X X X X X Extracts X X X X ..... ed profit from cafeteria and coffee shop but the fact of the matter is that these facilities were created for the members of the assessee-society. The profit so generated from cafeteria and coffee shop was utilized for achieving the aims and objects of the society. The society had no overall profit in the year under appeal. Profits so generated from cafeteria and coffee shop were ultimately used for achieving aims and objects of the institution. Therefore, such profits generated from a few activities of the institution cannot be used to convert a purely charitable institution into non-charitable institution. The view that we are taking in the matter is supported by the order passed by a Coordinate Bench of this tribunal referred to by the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not made at the time of assessment as Doctrine of Estoppel applies here. 6. Ld. CIT(A) has erred in treating membership fees corpus income and not revenue receipt as held in the assessment order. 7. The appellant craves to add, to alter or amend any ground of appeal raised above at the time of hearing. 2. The assessee is a society registered under the Societies Registration Act. Its aims and objects, as per its Memorandum of Association are, briefly, to promote mutual understanding and tolerance amongst various members of the society, to remove misunderstanding about Islam and its teachings, to promote an awareness of the ethos of Islamic culture, to promote mutual understanding, appreciation and amity in the society, etc. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a charitable institution u/s 12A with the Commissioner of Income tax. As per income and expenditure account for the year under appeal, the assessee had surplus of expenditure of ₹ 73,34,469/- over income. In other words, the assessee had not generated any profit from its activities as a charitable institution. It is not in dispute that the aims and objects of the society are objects of general public utility inasmuch as they attempt to promote better understanding amongst various sections of the society. Establishing communal harmony and better understanding between various sections of the society are purely in the nature of objects of general public utility. 6. It is true that the assessee had generated profit from cafeteria and c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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