This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Charitable activities cannot be held as business merely due to charge of fee for rendering services
Case Law Details
- Case Name
- Institute for Development and Research in Banking Technology (IDRBT) Vs ACIT (ITAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-2012
- Courts
- All ITAT, ITAT Hyderabad
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Advertisement
Issue before court:
Whether the activities of the assessee fall within the purview of the proviso to section 2(15) of Income Tax Act, 1961 while activities of the assessee fall within the purview of ‘imparting education’ and ‘research’ in Banking Technology which is very much within the first three limbs of section 2(15) of the Income Tax Act, 1961.
Whether assessee is ineligible for the claim of exemption u/s. 11 even though the activities of the society are charitable in nature and are in line with the objectives of the society having got registered u/s. 12AA of the...
Sir,
In true sense, when any surplus of income (profit) derived through any activity is used for the purpose of attainment of any of the objectives, which is charitable in nature, or implementing an activity of charitable in nature could seldom be treated as commercial activity. Therefore, the Order of the Hon’ble ITAT Hyderabad in ITA No. 1712/HYD/2014 (Date of Decision: 30.06.2015) in the case of the Institute for Development and Research in Banking Technology (IDRBT) Vs. ACIT, is most appropriate.