Indian Machine Tools & Manufacturers Association v. DIT(E) (2018) 254 Taxman 243/ 165 DTR 1 / 302 CTR 289 (Bom.)(HC)

S. 11 : Property held for charitable purposes – Surplus earned from organizing exhibition- As separate books of account is not maintained denial of exemption was held to be justified .[ S.11(4A) ]

Dismissing the appeal of the assessee the Court held that S.11(4A) obliges an institution which seeks to have benefit of S. 11 if it carries on business incidental to its business objects, to maintain separate books of account . Since exhibition organized by assessee was a well-organised and regular activity incidental to business of assessee but no separate books of account were maintained for purposes of carrying out said exhibition and, thus, requirement of maintaining separate books of account was not satisfied accordingly the assessee was not entitled to exemption. (AY. 1992-93)