9911796707
TMI Blog2022 (9) TMI 1501X X X X Extracts X X X X X X X X Extracts X X X X ..... ducation institutions and other information of the govt. schemes. The objectives of the assessee society are publication of weekly newspaper namely Rozgar Aur Nirman to supply the material related to advertisement of public welfare schemes of Government of Madhya Pradesh and its undertaking and do such all other acts that are necessary for achievement of the objectives of the society. Therefore, the Revenue Authorities are not justified in holding that the assessee was involved in carrying on the activity in the nature of trade, commerce or business. The main object of the assessee is for the benefit of General Public to provide them information regarding employments, education institutions and other information of the govt. schemes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Act, 1961 (hereinafter referred as to the Act ) for Assessment Year 2012-13. 2. The assessee, registered under the Society s Registration Act with effect from 01.10.1983 and also registered under Section 12A of the Act with effect from 29.01.1986, filed its return of income on 25.09.2012 declaring total income at Nil after claiming exemption under Section 12 of the Act. The assessee is an institution wholly owned by the Government of Madhya Pradesh. It is engaged in the activities of publication of Rozgar Nirman Newspaper etc., production of documentary films, T.V. reports etc. for the State Government and public sector undertakings. The assessee society has shown gross receipts of Rs.10,88,47,870/- against which the soci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have given our thoughtful consideration to the facts of the present case and the case-laws relied upon by the parties. We find that assessee's activities have not been changed at all since the date of its inception and the assessee was fully eligible for exemption u/s 11 12 of the I.T. Act. The assessee society was constituted by the State Govt. for the benefit of General Public to provide them information regarding employments, education institutions and other information of the govt. schemes. The objectives of the assessee society are publication of weekly newspaper namely Rozgar Aur Nirman to supply the material related to advertisement of public welfare schemes of Government of Madhya Pradesh and its undertaking and do such all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purpose', as defined in section 2(15) cannot be construed literally and in absolute terms. It has to take colour and be considered in the context of section 10(23C)(iv) as also held in the above judicial pronouncements. On consideration of these facts in the light of the aforesaid judgments, we are of the view that the authorities below are not justified in disallowing the entire exemption. We, therefore, direct the Assessing Officer to delete the disallowances. Thus, ground nos. 1 to 5 are allowed. In the absence of changed circumstance, we do not find any reason to deviate from the stand taken by the Co-ordinate Bench. Hence, respectfully relying upon the order passed by the Co-ordinate Bench, we allow the appeal preferred by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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