9911796707
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Issues:
- Whether the society qualifies as a charitable institution under sections 11 and 12 of the IT Act. - Whether the society qualifies as a public religious institution. Detailed Analysis: 1. The appeals of the revenue relate to the assessment years 1978-79 to 1984-85, challenging the direction of the DCIT(A) to treat the assessee as a charitable institution and grant exemption under sections 11 and 12 of the IT Act. The main ground of the revenue is that the nature of charitable activity is not evident from the memorandum of association. The ITO rejected the exemption claim, stating that the activities did not fall under section 2(15) of the IT Act. The DCIT(A) allowed the exemption based on detailed reasons in the order for the assessment year 1984-85, which applied to all years in question. 2. The ITO concluded that the society's activities, mainly prayer and meditation, did not clearly indicate charitable nature. The society's membership being restricted, with no public interaction, led the ITO to deny public religious trust status. 3. The assessee argued before the DCIT(A) that it is a public religious institution engaging with the public and conducting charitable activities. Comparisons were drawn with a similar institution granted exemption under section 10(23C)(v). Supporting documents and arguments were presented to establish the charitable nature of the society's activities. 4. The revenue contended that the society, primarily involved in maintaining dairy, poultry, and other activities, did not qualify as a charitable institution. The income generated was deemed for members' benefit, not the general public, hence ineligible for exemption under sections 11 and 12 of the IT Act. 5. The counsel for the assessee highlighted that the main activity was prayer, involving public participation. Citing legal precedents, the counsel argued that the society's activities, including offering prayers for the public, should qualify as charitable. The counsel emphasized the inclusive nature of the definition of 'charitable purpose.' 6. The judgment analyzed the society's objectives, focusing on prayer as the primary activity benefiting the general public. Despite income-generating activities, the absence of profit motive indicated charitable intent. Referring to legal precedents, the judgment upheld the DCIT(A)'s decision, dismissing the revenue's appeals. In conclusion, the judgment affirmed the society's status as a charitable institution and public religious trust, entitling it to exemption under sections 11 and 12 of the IT Act. The decision was based on the society's prayer-focused activities for general public utility, devoid of profit motive, aligning with legal interpretations of charitable purpose definitions.
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