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TMI Blog2018 (2) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... et aside the impugned orders dated 29.05.2015 passed by the Commissioner of Income-tax (Exemptions), Chandigarh on the grounds inter alia that :- "ITA No.5401/Del/2015 1. That the Ld. CIT (E) has erred in rejecting the application of the appellant to register the Trust u/s 12AA of the Income Tax Act. 2. That the Ld. CIT (E) has erred in rejecting the application of the appellant to register the Trust u/s 12AA of the Income Tax Act, despite the fact that objects are Charitable, within the definition of sub-section 15 of Section 2 of the Income Tax Act, 1961. 3. That the Ld. CIT (E) has erred in observing that the activities of the appellant are merely for promotion of transportation business and rejecting the application of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 6. It is not in dispute that the assessee company has got affiliation from National Skill Development Corporation (NSDC), a public private partnership in India under the Ministry of Skill Development and Entrepreneurship as on 30.03.2015, as its vocational training partner. 7. It is also not in dispute that the assessee company is registered u/s 25 of the Companies Act having been barred from distribution of profit amongst its members by way of dividends with following aims and objects : "1. To initiate, carryout, execute, implement, aid and assist activities towards developing knowledge, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of educational, vocational and professional skill upgrade for the Sector. 11. To facilitate in setting up a robust and stringent certification and accreditation process for the Sector to ensure consistency and acceptability of standards. 12. To promote research and development, development & deployment of technological solutions, improving efficiencies and innovation in Logistics and Supply Chain industry sector. 13. To collaborate with national and international partners suitably for furtherance of its objectives. 14. To provide consultancy to other educational institutes, universities, training centers, & such other organization which are into / willing to develop competencies for Logistics Sector. 15. No objects of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, as contended by ld. DR, is not enough for registration u/s 12AA and 80G of the Act but the factum of the registration of the assessee company u/s 25 of the Companies Act has to be seen in the light of the aims and objects of the assessee company which are certainly lead to creating job opportunities by providing skill expertise and by promoting knowledge in the logistic sector. 11. Ld. DR for the Revenue further contended that since assessee company has been formed for conducting courses for TCI employees and trainee after getting training are to serve the TCI, the assessee company cannot be said to be formed for rendering services to the public at large. However, we are of the considered view that when skill training is given by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ountant vs. DIT Exemption - 347 ITR 99 (Del.), after discussing the decision rendered by the Hon'ble Gujarat High Court in Gujarat State Co-operative Union vs. CIT - (1992) 195 ITR 279 (Guj.), held that "the word education does not confine to scholastic instructions but other forms of education are also included in the word education which means instructing or educating." 14. The ld. DR for the Revenue vide synopsis filed in this case brought to our notice Circular No.11/2008 DATED 19.12.2008 explaining the amendment in section 2(15) of the Act w.e.f. 01.04.2009 as under :- "Section 2(15) of the Income Tax Act, 1961 defines "charitable purpose" to including the following :- (i) Relief of the poor (ii) Education (iii) Medical re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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