PRINCIPAL COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. ANIMAL BREEDING RESEARCH ORGANISATION(INDIA)
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. The Tribunal had allowed the benefit of exemptions under Section 11 to the assessee. The Tribunal's decision was based on its earlier judgment concerning the same assessee and the Gujarat High Court's judgment in the case of Director of Income-Tax (Exemption) v. Sabarmati Ashram Gaushala Trust. In the cited case of Sabarmati Ashram Gaushala Trust, the Gujarat High Court had held that the objects of the Trust clearly established it was for general public utility and for charitable purposes. The objects included breeding cattle, improving the quality of cows and oxen, producing and selling cow milk, cultivating agricultural lands, keeping grazing lands, rehabilitating and assisting Rabaris and Bharwads, conducting scientific research related to cattle and agriculture, establishing allied institutions, and publishing study materials. The High Court found that the assessee's activities were in line with these charitable objectives. Therefore, the Revenue's appeal was dismissed.
What were the facts?
The Revenue is in appeal against the Income Tax Appellate Tribunal's order dated November 9, 2017. The respondent-assessee, Animal Breeding Research Organisation (India), is a registered Trust. For assessment year 2011-12, the Assessing Officer noted that the assessee's principal income of Rs. 4.84 crores out of total income of Rs. 5.08 crores arose from the sale of semen. The Assessing Officer was of the opinion that this activity constituted business and did not fall within the definition of 'charitable purpose' under Section 2(15) of the Income Tax Act, 1961. The Commissioner of Income Tax (Appeals) allowed the assessee's appeal, leading to the Revenue's appeal to the Tribunal. The Tribunal rejected the Revenue's appeal, relying on a previous judgment concerning the same assessee and a Gujarat High Court judgment in the case of Director of Income-Tax (Exemption) v. Sabarmati Ashram Gaushala Trust.
What were the issues?
1. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in allowing the benefit of exemptions under Section 11 of the Act without considering that the assessee is involved in widespread commercial activities in the nature of business and the activity of the assessee is covered under the first and second proviso to Section 2(15) of the Act? Assessee's Contention: The judgment does not record specific contentions made by the assessee before the Tribunal or High Court, other than the fact that the Tribunal relied on previous judgments. The Tribunal's decision was based on the objects of the Trust and the Gujarat High Court's ruling in Sabarmati Ashram Gaushala Trust. Revenue's Contention: The Revenue contended that the assessee was engaged in widespread commercial activities in the nature of business, and its activities fell under the first and second provisos to Section 2(15) of the Act, thereby disentitling it from the benefit of exemptions under Section 11.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cited by 7 judgments on BharatTax
See all citing judgments →Counted from the text of the judgments hosted here. Most recent first.
- M/S. Dakshina Kannada Nirmithi Kendra, Mangaluru v. The Deputy Commissioner of Income Tax (Exemptions)…Bangalore · 2022-06-16
- M/S. Udupi Nirmithi Kedra, Udupi v. The Deputy Commissioner of Income Tax (Exemptions), Circle - 1, MangaluruBangalore · 2022-06-16
- Dakshina Kannada Nirmithi Kendra, Mangaluru v. Assistant Commissioner of Income Tax, (Exemptions), Circle-1…Bangalore · 2022-06-16
- Dakshina Kannada Nirmithi Kendra, Mangaluru v. Income Tax Officer, Ward 1(1), MangaluruBangalore · 2022-06-16
- Dakshina Kannada Nirmithi Kendra, Mangaluru v. Income Tax Officer, Ward 1(1), MangaluruBangalore · 2022-06-16
Cause title — parties, addresses and appearances
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 09.11.2017 raising following question for our consideration: “Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in allowing the benefit of exemptions u/s 11 of the Act without considering the fact that the assessee is involved in widespread commercial activities in nature of business and the activity of the assessee is covered under first and second proviso to section 2(15) of the Act?”
Respondentassessee is a registered Trust. Some of the objects for which the Trust is registered are as under: C/TAXAP/522/2018 ORDER “AIMS AND OBJECTIVES The aims and objects of the Society are as under: 1) The society is established with a view to undertake and promote activities connected with the development of cattle and buffaloes (with special reference to the breeding and genetic improvement) and to engage in other allied activities such as development of draught animal power systems, feed and fodder development for live stock and to extend necessary suport persons (including dairy farmers) for carrying out any of such activities in different parts of India and generally to promote economic upliftment of the farmers segment. The society is not established for the purpose of profit. 2) To achieve the aforesaid objectives, the society may carry on all or any of the following activities; …....”
For the assessment year 201112, the Assessing Officer during scrutiny assessment noticed that the assessee's principal income of Rs.4.84 crores (rounded off) out of the total income of Rs.5.08 crores (rounded off) arose out of the activity of sale of semen. He was of the opinion that the assessee was engaged in a business which was undertaken with a proper motive and therefore would not fall within the definition of 'charitable purpose' as provided under section 2(15) of the C/TAXAP/522/2018 ORDER Income Tax Act, 1961 ('the Act' for short).
The assessee carried the matter in appeal. Commissioner of Income Tax (Appeals) allowed the assessee's appeal, upon which, the Revenue approached the Tribunal. The Tribunal by the impugned judgment, referring to the earlier judgment in case of this very assessee and relying upon the judgment of Division Bench of this Court in case of Director of IncomeTax (Exemption) v. Sabarmati Ashram Gaushala Trust reported in [2014] 362 ITR 539 (Guj), rejected the Revenue's appeal.
In case of Sabarmati Ashram Gaushala Trust (supra), under somewhat similar background, this Court had observed as under:
“11. We are wholly in agreement with the view of the Tribunal. The objects of the Trust clearly establish that the same was for general public utility and where for charitable purposes. The main objectives of the trust are to breed the cattle and endeavour to improve the quality of the cows and oxen in view of the need of good oxen as India is prominent agricultural country; to produce and sale the cow milk; to hold and cultivate agricultural lands; to keep grazing lands for cattle keeping and breeding; to rehabilitate and assist Rabaris and Bharwads; to make necessary arrangements for getting informatics and scientific C/TAXAP/522/2018 ORDER knowledge and to do scientific research with regard to keeping and breeding of the cattle, agriculture, use of milk and its various preparations, etc.; to establish other allied institutions like leather work and to recognize and help them in order to make the cow keeping economically viable; to publish study materials, books, periodicals, monthlies etc., in order to publicize the objects of the trust as also to open schools and hostels for imparting eduction in cow keeping and agriculture having regard to the trust objects.”
In the result, this Tax Appeal is dismissed. (AKIL KURESHI, J) (B.N. KARIA, J) ANKIT SHAH
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- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
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