CIT (E) v. United Way of Baroda (2020)423 ITR 596/ 194 DTR 105// 317 CTR 558/ 275 Taxman 328 ( (Guj)(HC)

S. 11 : Property held for charitable purposes – First proviso- Event of Garba organised to raise money — Amount earned entitled to exemption [ S.2(15), 12 ]

Dismissing the appeal of the revenue the Court held that  the main object of the assessee could not be said to be organising the event of Garba. The assessee had been supporting 120 non-Government organisations. The assessee was into health and human services for the purpose of improving the quality of life in society. All its objects were charitable. The activities like organising the event of Garba including the sale of tickets and issue of passes, etc., cannot be termed as business. The two authorities had taken the view that the profit making was not the driving force or the objective of the assessee. The assessee was entitled to exemption under S.  11 and 12 .( AY.2014-15)