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Dahisar Sports Foudation, Mumbai vs Ito (E) (I), Mumbai on 9 November, 2017

26. As to whether the collection of fees for imparting sports training would disqualify assessee for registration and consequently eligibility for claiming ITAT-Panaji Page 20 of 22 Yakshit Yuva Foundation Vs CIT(E) ITA Nos.233 & 234/PAN/2025 exemption u/s 11 of the Act came for consideration before the Ld. Co-ordinate bench in 'Dahisar Sports Foundation Vs ITO(E)' [2017, 87 Taxmann.com 313 (Mum)], wherein the assessee-trust's main object was promotion of sports and games as advancement of any other object of general public utility. There it held that, collecting of certain charges from coaching camps meant for promotion of sports and games only could not alter its basic character of promotion of sports/games being charitable purpose. Therefore, the assessee held to be eligible for registration u/s 12A/12AB & consequential registration u/s 80G of the Act and thus for claiming exemption u/s 11 of the Act.
Income Tax Appellate Tribunal - Mumbai Cites 13 - Cited by 8 - Full Document

Shyam Sundar Sarma vs Pannalal Jaiswal And Others on 4 November, 2004

In our thoughtful consideration, when an application or appeal is barred by limitation and the adjudicating or appellate authority who is in law empowered to condone the delay, having noted such fact of time barred application/appeal, deals therewith in the order and then if proceeds on merits of the matter then it is good enough to sweepingly infer that, said adjudication on merits in law succeeded only upon due admission of belated application or appeal, thus by deemingly condoning the delay in filing of such application or instituting of such appeal as the case may be. We found this proposition fortified in the case of 'Shyam Sunder Sarma Vs Pannalal Jaiswal [2005, 1 SCC 436(SC)] which in turn followed the larger bench decision rendered in 'Sheodan Singh Vs Daryao Kunwar' [AIR 1966, SC 1332] by the Hon'ble Apex Court.

Sheodan Singh vs Smt. Daryao Kunwar on 14 January, 1966

In our thoughtful consideration, when an application or appeal is barred by limitation and the adjudicating or appellate authority who is in law empowered to condone the delay, having noted such fact of time barred application/appeal, deals therewith in the order and then if proceeds on merits of the matter then it is good enough to sweepingly infer that, said adjudication on merits in law succeeded only upon due admission of belated application or appeal, thus by deemingly condoning the delay in filing of such application or instituting of such appeal as the case may be. We found this proposition fortified in the case of 'Shyam Sunder Sarma Vs Pannalal Jaiswal [2005, 1 SCC 436(SC)] which in turn followed the larger bench decision rendered in 'Sheodan Singh Vs Daryao Kunwar' [AIR 1966, SC 1332] by the Hon'ble Apex Court.
Supreme Court of India Cites 7 - Cited by 300 - K N Wanchoo - Full Document

Sole Trustee Loka Shikshana Turst vs Commissioner Of Income Tax, Mysore on 28 August, 1975

In view of interpretation laid in 'Loka Shikshana Trust' (supra) & 'ACIT Vs AUDA' [2022, 115 CCH 253] and the definition of schooling adopted on the strength of judicial support laid in 'CoC Vs M/s Welkin Foods' (supra), it is ostensibly clear that an activity of providing scholastic sports training and conducting incidental workshops was with a focal view to develop sports knowledge, skill, mind & character of school students, which does fall in the realm of 'education' as used in section 2(15) of the Act.
Supreme Court of India Cites 24 - Cited by 2203 - H R Khanna - Full Document
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