order to test the veracity of the contentions,
we shall first take a look at the definition of the expression
charitable purpose appearing in Section ... education, yoga, medical relief, preservation of
environment (including water-sheds, forests and wildlife)
and preservation of monuments or places or objects of
artistic or historic
learned standing counsel for the Revenue, would submit that in terms of first proviso to Section 2(15) of the Income ... poor, education, medical relief, (preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest
that the objects and
activities of the assessee do not fall under first five limbs of
definition of charitable purposes as envisaged ... historic
interest and preservation of environment (including water
sheds, forests and wildlife). Further, as per section 15 and
16 of BDA Act 1976, by virtue
Income Tax
(Appeals) failed to appreciate that the appellant fall under first
to fifth limb of the definition of charitable purpose on the facts ... poor, education, medical
relief, [preservation of environment (including watersheds, forests and
wildlife) and preservation of monuments or places or objects of artistic or
historic interest
rigor of the
first proviso has been diluted. As per the said proviso the first proviso, shall
not apply if the aggregate value ... receipts from the activities as mentioned
in the first proviso is Rs.10 lakhs or less in the previous year which, as
observed above, is attracted
poor, education, medical relief, preservation of environment
(including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or
historic interest ... exemptions for trusts, which were otherwise eligible for it. The first
amendment of 1939 inserted5 a new clause (ia) in the then existing provision.
This
India Trade Promotion Organization vs Director General Of Income Tax ... on 22 January, 2015
Author
poor, education, medical relief, preservation of
environment (including watersheds, forests
and wildlife) and preservation of monuments
or places or objects of artistic or historic
interest ... retention, of
the income from such activity:
Provided further that the first proviso shall not
apply if the aggregate value of the receipts
from
poor, education, medical
relief, [preservation of environment (including watersheds, forests and
wildlife) and preservation of monuments or places or objects of artistic or
historic interest ... retention, of the income from such activity:]
[Provided further that the first proviso shall not apply if the
aggregate value of the receipts from
with retrospective effect from 1.4.2009, reads as under:-
Provided further that the first proviso shall not apply if the aggregate value of the receipts from ... poor, education, medical relief, preservation of environment including watersheds, forests and wildlife and preservation of monuments or places or objects of artistic or historic interest
