SREEKUMARA SAMAJAM,THRISSUR vs. ITO, EXEMPTION WARD, THRISSUR
In the result, the appeal of the assessee is allowed for statistical purposes
ITA 1116/COCH/2024[2016-17]Status: DisposedITAT Cochin12 Jun 2025AY 2016-17
Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2016-17 Sreekumara Samajam Ito, Exemption Ward, V. Thrissur Xxi/230 S Paliyamthuruth Anapuzha, Kodungallur Thrissur-680667, Kerala. Pan : Aafts2292H. (Appellant) (Respondent) Appellant By : Smt. Nivedita A Kamath, Adv. Respondent By : Smt. Leena Lal, Snr Ar. Date Of Hearing : 05.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 06.11.2024 By The National Faceless Appeal Centre (Hereinafter Referred To As ‘Cit(A)’] For The Assessment Year 2016–17. 2. Brief Facts Of The Case Are That The Assessee Is Registered As A Society Under The Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955, On 02.07.2009. It Is Also Registered Under Section 12A Of The Act With The Commissioner Of Income Tax, Thrissur & Claimed To Function As A Religious & Charitable Society. The Assessee Filed Its Return Of Income For A.Y. 2016–17 Declaring ‘Nil’ Income. The Assessee Was Engaged In Conducting Kuri Business & Money-Lending Business
For Appellant: Smt. Nivedita A Kamath, AdvFor Respondent: Smt. Leena Lal, Snr AR
Section 11Section 12ASection 142(1)Section 147Section 148Section 2(15)
Assessing
Officer (AO), upon examining the records, observed that the income from business activities exceeded 20% of gross receipts. Therefore, as per the proviso to Section 2(15) of the Act, the activity could no longer be treated as charitable in nature, and the trust could not avail exemption under Section 11. The AO was of the view that
