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2.3. C.O. No.78/Mds./2013 by assessee (for A.Y 2009-10) There was a delay of 14 days in filing this Cross Objections by the assessee. Consequent to this, the ld.A.R filed a condonation petition dated 20.06.2016 for condoantion of delay stating that the said delay in filing the CO is neither willful nor deliberate but due to frequent illness of the Chartered Accountant and also the circumstances beyond the control of Petitioner herein. After considering the same, we are satisfied about the reasons advanced by the ld.A.R for delay of 14 days in filing the appeal. Accordingly, the delay is condoned 3.1 Now the common ground in these three appeals of Revenue is that the CIT(A) failed to observe the fact that after the amendment of :- 4 -: Grama Vidiyal Trust the sec.2(15) of the Act, any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business for a cess or fee or any other consideration, irrespective of the nature of use or application shall not be treated as "object of general public utility".

vii) When the issue of resolution passed in the executive board meeting brought to the knowledge of the Authorised Representative of the appellant who strongly objected the version of the Assessing Officer and filed paper book containing the objectives of Grama Vidiyal Trust which :- 7 -: Grama Vidiyal Trust contains general points on page No. 32 and also supplementary Trust deed on page No. 34 as well as Trust amendment deed on page No. 39, Trust supplementary deed on page No. 42.

(Emphasis supplied).

8.3 The learned counsel points out that, the amendment was brought about as a measure of rationalization and simplification, streamlining the definition of charitable purpose and not as a measure of taxation. It is also :- 17 -: Grama Vidiyal Trust stated that the concept of charity in India is wider, simultaneously adding that, by virtue of the amendment, the position that existed prior to 1st Feb., 1984 has been brought back and that is all. This however will not tilt the balance in any manner in the case of the assessee so as to take the activities outside the charitable purpose, particularly in view of the fact that micro finance business will not constitute any trade or business. According to the ld. AR, to perform charity, income is inevitable and contended that the activities being pursued by the assessee may constitute a trade or business, if it is not applied for the purposes of charity. Contrary to this, the ld. DR submitted that though the object of the assessee is to carry on charitable activities, but it does not carry those charitable activities, and it was only carrying on micro finance business in a commercial manner, which cannot be construed as charitable activity. In other words, it was contended by the ld. DR that the assessee carried on activities in a business oriented manner, it will definitely come within the fourth limb of the amended sec.2(15) of the Act, where the prohibition of activity in the nature of trade, commerce or business for any activity of rendering service or any other consideration, irrespective of the nature of the use or application or retention of the income of such activity is specified and hence, not entitled to any exemption. 8.4. To analyze the activities carried on by the assessee, we have to go through the nature of activities pursued by the assessee and perusal of that activities carried on by the assessee, cannot be oust the involvement of "trade, commerce or business" or "any service in connection with trade, commerce or business" as contemplated under the statute. Further, :- 18 -: Grama Vidiyal Trust we note that there is substantial variation in the statutory position as it existed earlier to 1st April, 2009, where the assessee has been given exemption under section 11 of the Act and the position available after amendment to section 2(15) of the Act, brought into effect from 1st April, 2009. Yet another important aspect to be noted in this context is that, after the amendment by incorporating proviso to section 2(15), the 4th limb as to the advancement of "any other object of general public utility"