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TMI Blog2019 (5) TMI 1642X X X X Extracts X X X X X X X X Extracts X X X X ..... , department etc.; to stimulate the academic environment and quality of teaching and research in the institutions; to make contribution to the sphere of knowledge in its discipline; to motivate colleges and/or institutions of technical and professional education for research, and adopt teaching practices that groom their students for the innovation and development of leadership qualities; to encourage innovations, self evaluation and accountability in higher education; to promote necessary changes, innovations and reforms all aspects of the working of the colleges/ institutions of technical and professional education for the above purpose; and to help institutions realize their academic objectives; it leads to the conclusion that the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vities of the assessee society are in the nature of trade, commerce or business proceeded to deny the benefit of section 11 which is not sustainable in the eyes of law. Rather assessee is carrying out its activities of accreditation as per All India Council for Technical Education (AICTE) Act, 1987 and there is no element of profit and as such First Proviso to section 2(15) is not applicable. We are of the considered view that CIT (A) has rightly allowed the exemption u/s 11 to the assessee by allowing the appeal. - Decided against revenue. - ITA No.5262/Del./2016, CO No.5/Del/2017 (in ITA No.5262/Del./2016) - - - Dated:- 27-5-2019 - Vice President, Shri G.D. Agrawal And Shri Kuldip Singh, Judicial Member For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of India, is also registered under section 12A of the Income-tax Act, 1961 (for short the Act ) with main objectives as under :- a) assess the grade colleges and/or institutions of technical and professional education the courses and programs offered by them, their various units, faculty, department etc.; b) stimulate the academic environment and quality of teaching and research in the institutions; c) contribution to the sphere of knowledge in its discipline. 4. AO called upon the assessee to explain as to why its receipt from fees subscription should not be hit by Proviso of section 2(15) of the Act and denied the exemption under section 11 of the Act to the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, the Revenue has come up before the Tribunal by way of filing the present appeal. 6. We have heard the ld. Authorized Representatives of the parties to the appeal, 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. 7. To proceed further, we would extract the provisions contained under section 2(15) of the Act for ready perusal as under:- 2(15) charitable purpose includes relief of the poor, education, yoga, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advanceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation for research, and adopt teaching practices that groom their students for the innovation and development of leadership qualities; to encourage innovations, self evaluation and accountability in higher education; to promote necessary changes, innovations and reforms all aspects of the working of the colleges/ institutions of technical and professional education for the above purpose; and to help institutions realize their academic objectives; it leads to the conclusion that the assessee society is into charitable activities, the objectives being incidental to the education. 9. Now, the question arises for determination in this case is :- as to whether receipts of the assessee from fees/ subscription are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of trade, commerce or business proceeded to deny the benefit of section 11 of the Act which is not sustainable in the eyes of law. Rather assessee is carrying out its activities of accreditation as per All India Council for Technical Education (AICTE) Act, 1987 and there is no element of profit and as such First Proviso to section 2(15) of the Act is not applicable. 13. In view of what has been discussed above, we are of the considered view that ld. CIT (A) has rightly allowed the exemption under section 11 of the Act to the assessee by allowing the appeal. So, finding no illegality or perversity in the impugned order passed by the ld. CIT(A), the appeal filed by the Revenue is hereby dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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