The assessee is non profit organisation. The assessee was awarded contract of construction of a museum by RBI. The assessee has claimed exemption u/s 11 of the Act. The AO held that the assessee was engaged in full fledged commercial activity during year and applying 6th limb of definition of charitable purpose under 1st proviso to section 2(15), he denied the exemption. The Tribunal held since actual work done by assessee was not charitable in nature and said project did not reflect a formal and systematic education rather same was indicative of commercial activities hence the assessee was not eligible for exemption. (AY. 2013-14, 2014-15, 2015-16)
Creative Museum Designers v. ITO (2020) 185 ITD 137 / (2021) 198 DTR 87 / 209 TTJ 943 (Kol.)(Trib.)
S. 11 : Property held for charitable purposes-Non-profit entity-Contract of construction of a museum by RBI-Commercial activities-Not eligible for exemption. [S. 2(15)]