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Issues involved:
The issues involved in this case are: 1) Whether the Tribunal was correct in allowing the exemption u/s 11 of the Act? 2) Whether the income derived from conducting exhibitions should be taxed as business income or is entitled to exemption u/s 11 of the Act? Issue 1: Exemption u/s 11 of the Act The Commissioner of Income-Tax (A) found that the income of the trust primarily came from exhibitions, but it was considered incidental to the trust's objectives. The Commissioner noted that the trust maintained separate books of accounts for the exhibitions, satisfying the conditions u/s 11(4A) for exemption. The Income Tax Appellate Tribunal upheld this decision, stating that the trust was engaged in the activity for profit but it was incidental to its objectives. The Tribunal's decision was based on factual appreciation, leading to the conclusion that the trust was entitled to exemption u/s 11. Therefore, the Tribunal's decision was upheld, and no question of law was found to arise. Issue 2: Taxability of income from exhibitions The second issue pertained to whether the income derived from conducting exhibitions should be taxed as business income or be exempt u/s 11 of the Act. The Tribunal found that the trust's activities for exhibitions were indeed incidental to its objectives, as supported by the maintenance of separate books of accounts for the exhibitions. As a result, the Tribunal held that the trust was entitled to exemption u/s 11 on the income from exhibitions. The Commissioner's order was confirmed by the Tribunal, and it was concluded that the trust met the conditions for exemption u/s 11(4A). Therefore, the Assessing Officer was directed to recompute the total income considering the exemption u/s 11 for the trust's exhibition income. This judgment highlights the importance of maintaining separate books of accounts and ensuring that business activities are truly incidental to the objectives of a trust when seeking exemption u/s 11 of the Act.
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