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Income Tax - Highlights / Catch Notes

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The ITAT Bangalore considered whether an organization engaged in ...


ITAT Bangalore examined if microfinancing by assessee qualifies as charitable activity u/s 11. Charging high interest deemed commercial, not charitable. Decision favors revenue.

Case Laws     Income Tax

May 22, 2024

The ITAT Bangalore considered whether an organization engaged in microfinancing activities qualified for exemption u/s 11 as a charitable entity or if its activities were commercial in nature. The tribunal emphasized that if an organization's primary activity is trade or business, it must not have a dominant profit motive and should not use charity as a cover for commercial activities. The tribunal noted that charging exorbitant interest rates akin to commercial banks indicated a profit-driven motive, making it ineligible for exemption. The organization's activities did not align with benefiting low-income groups as required for charitable status. The tribunal ruled in favor of the revenue authority, denying the organization's claim for exemption u/s 11.

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