Crafts Council of India v. Jt. CIT (2024) 209 ITD 581 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes-Non-profit organization-Established for welfare of craftsmen-Exemption under section 11 to be decided in light of judgment of Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority(2022) 291 Taxman 11/ 449 ITR 1 (SC) [S. 2(15)]

Assessee was a non profit organization having objects to promote welfare of craftsmen. During assessment, Assessing Officer invoked proviso to section 2(15) in respect of certain income which in her view were in nature of trade and commerce and denied exemption available under section 11. Commissioner (Appeals) by an ex parte order upheld denial of exemption. On appeal the Tribunal held that  Commissioner (Appeals) should have remanded appeals to Assessing Officer for fresh adjudication in light of judgment of Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority (2022) 291 Taxman 11/ 449 ITR 1 (SC)  rather than giving ex-parte decision as same was in complete violation of principles of natural justice. Accordingly the  Assessing Officer is   directed to consider claim of exemption under section 11 in light of Judgment of Supreme Court in case of Ahmedabad Urban Development Authority (supra). (AY. 2011-12, 2013-14, 2015-16, 2016-17)