The Appellate Tribunal held that the Commissioner of Income Tax ...

Charity trust's registration wrongly denied, court orders re-evaluation based on non-profit objects.

Case Laws Income Tax

November 25, 2024

The Appellate Tribunal held that the Commissioner of Income Tax (Exemptions) erred in rejecting the trust's registration u/s 12AA. The trust's objects were not found to be profit-oriented, and no activity was conducted against its objects. The events organized by an individual could not be attributed to the trust, especially when no expenses were incurred, as per the Income and Expenditure statements. The Supreme Court's decision clarified that an entity advancing general public utility cannot engage in trade, commerce, or business for consideration. However, the Delhi High Court upheld the constitutional validity of the proviso to Section 2(15), applying where the dominant intention is profit-making. Since nothing suggested the trust's objects were profit-oriented, the order rejecting registration was set aside, and the Commissioner was directed to register the trust in accordance with the law.

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The Appellate Tribunal held that the Commissioner of Income Tax ...

Charity trust's registration wrongly denied, court orders re-evaluation based on non-profit objects.

Case Laws Income Tax

November 25, 2024

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