2017 (7) TMI 1271

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..... stinguishing decision in favour of the revenue. Per contra, the ld. counsel for the assessee once again relied upon the decision of the Tribunal in the case of Sabarmati Ashram Gaushala Trust. - Decided in favour of assessee.
SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER For the Appellant : Shri K. Madhusudan, A.R. For the Respondent : Shri Sanjay R. Shah, A.R. ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. ITA No. 2016 & C.O. No. 260/Ahd/2014 are appeal by the Revenue and cross objection of the assessee preferred against the very same order of the ld. CIT(A)-IV, Baroda dated 21.04.2014 pertaining to A.Y. 2010-11. 2. The sole grievance of the revenue is that the ld. CIT(A) erred in deleting the addition .....

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..... t are similar to the activities of the appellant and the objects are also similar to the objects of Sabarmati Ashram Gaushala Trust. Therefore, respectfully following the binding decisions, the ld. CIT(A) allowed the claim of exemption. 9. Aggrieved by this, the revenue is before us. 10. The ld. D.R. could not bring any distinguishing decision in favour of the revenue. Per contra, the ld. counsel for the assessee once again relied upon the decision of the Tribunal in the case of Sabarmati Ashram Gaushala Trust. 11. We have given a thoughtful consideration to the orders of the authorities below. The undisputed fact is that the facts of the assessee trust are similar to the facts of Sabarmati Ashram Gaushala Trust. The objects are also sim .....

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..... viable; to publish study materials, books, periodicals, monthlies etc., in order to publicize the objects of the trust as also to open schools and hostels for imparting education in cow keeping and agriculture having regard to the trust objects. All these were the objects of the general public utility and would squarely fall under section 2 (I5) of the Act. Profit making was neither the aim nor object of the Trust. It was not the principal activity. Merely because while carrying out the activities for the purpose of achieving the objects of the Trust, certain incidental surpluses were generated, would not render the activity to the nature of trade, commerce or business. As clarified by the CBDT in its Circular No. 11/2008 dated 19th Dece .....

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