9911796707
TMI Blog2015 (11) TMI 1863X X X X Extracts X X X X X X X X Extracts X X X X ..... the following grounds : "1.1 On the facts and circumstances of the case, the Order of the CIT (A) is perverse in as much as he has ignored relevant facts brought on record by the Assessing Officer at p.2, 3, 5 & 6 of his Order. 1.2 The Id CIT(A) ought to have appreciated that the assessee is printing "Thee Kathir Press" and "Yellow Pages" on contract basis, for the Publisher, "Thee Kathir Press of CPI(M) Tamil Nadu state committee, Madurai", which is not a "Charitable" activity, but a "commercial" activity. 2.1 On the facts and circumstances of the case, the Id. CIT (A) erred in law in holding that the assessee is entitled for exemption u/s 11 of the Income Tax Act, as the assessee's activities are covered under "general public u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons Vs CIT, 348 ITR 344 (Ker). (iv) DIT Vs. Ms/. Charanjiv Charitable Trust (2014) 43 taxmann.com 300(Del). 3.3 The Ld CIT (A) ought to have placed reliance on the decision of jurisdictional High Court in the case of CIT Vs Rao Bahadur Cunnan Chetty Charities 135 ITR 485(Mad)." 3. In the cross objection, the issue raised by the assessee is with regard to maintainability of sec.260A of the Act and the appeal of the Revenue is not maintainable as the grounds are not in proper form. 4. The facts of the case are that the assessee is a trust registered u/s.12A(a) of the Act vide order of the CIT dated 5.6.1986. The trust filed its return on 13.10.2010 for the assessment year 2010-11. The return was processed u/s.143(1) on 22.9.2011. The ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls). 5. On appeal, the Commissioner of Income-tax(Appeals) observed that perusal of the Trust Deed dated 28.02.1986 reveals that it was formed with the principal objective "to educate the toiling masses on the principles of scientific socialism and to expand and develop the movement for their complete emancipation by ending exploitation of man by man". The other objects are to publish newspaper, magazine, journal, books, etc., upliftment of working class, spread of scientific socialism, so on and so forth. 5.1 The CIT(Appeals) further observed that India that is Bharat is by itself a sub-continent with a teeming population of more than 120 crores. Nearly half of the population lives in rural areas. Around 40% of the population is on the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e us. 6. We have heard both the parties and perused the material on record. We find that the issue raised by the assessee is squarely covered by the order of the Cochin bench of this Tribunal in AI-Madeena Charitable Trust v. ACIT in ITA No.407 & 408/Mds/Coch/1995 dated 1.11.1999(76 ITD 214), wherein it was held that when an assessee had not carried on any activity of charitable nature as contemplated under the trust deed except running the business of printing a newspaper, the assessee cannot be considered as carrying on charitable activity so as to grant exemption u/s.11 of the Act. In view of the binding precedent relied on by the ld. DR, we are of the opinion that the assessee is not carrying on any charitable activity and cannot be gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
