OSWAL BANDHU SAMAJ,PUNE vs. INCOME-TAX OFFICER, (EXEMPTIONS) -1, PUNE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee was entitled to exemption under Section 11. It relied on a previous decision for AY 2011-12 in the assessee's own case, which found that the trust's activities were confined to medical relief, education, and relief to the poor, and did not fall under the 'advancement of any other object of general public utility' which would attract the proviso to Section 2(15).
What were the facts?
The assessee, Oswal Bandhu Samaj, claimed exemption under Section 11 of the Income Tax Act for AY 2012-13. The Assessing Officer (AO) and the first appellate authority denied this exemption, holding that the trust's activities were in the nature of business and also that its objects extended beyond the first three limbs of Section 2(15), thus attracting the proviso.
What were the issues?
Whether the assessee's charitable activities fall within the first three limbs of Section 2(15) of the Act, thereby entitling it to exemption under Section 11, or if they extend to 'advancement of any other object of general public utility' which would be hit by the proviso.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Director of Income-tax (Exemptions), Mumbai v. Shri Vile Parle Kelavani Mandal19 citing58 Taxmann.com 288 · 2015 · HC
- (i) Lala Lajpat Rai Memorial Trust v. DIT(E)5 citing28 ITR 546 · 2013
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI S.S.GODARA, JM & SHRI DR. DIPAK P. RIPOTE, AM
आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : अपीलाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(A)-10, Pune. 4. The CIT (Exemptions), Pune. धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, “बी” बेंच, 5. पुणे / DR, ITAT, “B” Bench, Pune. गार्ा फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.
Oswal Bandhu Samaj, S.No. Details Date Initials 1 Draft dictated on 11.10.2022 2 Draft placed before author 12.10.2022 Draft proposed & placed before the Second 3 Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement on 7 Date of uploading of Order 8 File sent to Bench Clerk 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
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