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TMI Blog2023 (6) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- The Honorable Apex Court in the case of SERVANTS OF PEOPLE SOCIETY [ 2023 (2) TMI 535 - SUPREME COURT] has observed that interpretation of section 2(15) had undergone a change, due to the decision of AHMEDABAD URBAN DEVELOPMENT AUTHORITY [ 2022 (11) TMI 255 - SUPREME COURT] The amended definition of section 2(15) states that in course of achieving objects of general public utility, the concerned trust, society or other such organization carry on trade, commerce or business or provide service and relation thereto for consideration provided that firstly the activities of trade, commerce, or business, or connected to achievement of its object of general public utility in relation thereto, does not exceed the quantified limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicate the appeal on merits, after hearing the learned CIT(DR) and considering the information available on records. 3. The appellant assessee trust has filed an application in form 10G dated 29.05.2017 in the office of Commissioner of income tax exemption for approval under section 80G (5) of the income tax act, 1961. The Ld. CIT (exemption) stated that the assessee is only running a school and collecting fee from the students. He has categorically stated that the real purpose of the trust is altogether different from the stated object in the memorandum of the society filed along with the statement of accounts in compliance to notice issued subsequent to the show cause notice to the assessee. 4. The Ld. CIT (exemption) has observed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ban development authority, 2022/143 Taxmann.com to 78 SC. The amended definition of section 2(15) states that in course of achieving objects of general public utility, the concerned trust, society or other such organization carry on trade, commerce or business or provide service and relation thereto for consideration provided that firstly the activities of trade, commerce, or business, or connected to achievement of its object of general public utility in relation thereto, does not exceed the quantified limits that is 20% of total receipts of the previous year. In our view, the appellant trust is required to file fresh application for grant of registration under section 2(15) and consequently, the application for approval under section 80G( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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