Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker,) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

One of the objects of the assessee is to take up construction work of any nature to establish a chain of retail outlets. In the relevant financial year the assessee completed 34 building projects. The Assessing Officer denied the exemption which was affirmed by the Tribunal. On appeal the Court held that purpose of construction of building for Government cannot be accepted as an activity coming within the meaning of advancement of any other object of general public utility. Denial of exemption was held to be justified. (AY. 2019 10, 2013-14)