Held that the assessee has the objects of ‘advancement of any other object of general public utility’ in its trust-deed, but none of such objects was actually pursued during the year under consideration. The objects and activities of the trust are germane at the time of grant of registration u/s 12AA of the Act, what becomes relevant for consideration at the time of assessment is to see which of the objects, having charitable purpose, were actually pursued only the objects as classified in categories (a) to (c). viz., Medical Relief to the poor patients, Education to the deserving students and Relief to the needy sections of the society and hence shied away from taking up any of the objects in category (d), viz., advancement of any other object of general public utility. Once this is the position, it becomes explicitly clear that the proviso to section 2(15), which attracts only when objects of the category (d) above are pursued, did not trigger in the instant case. The sequitur is that the assessee is entitled to exemption. The AO did not dispute the fulfillment of any other requirements for claiming exemption u/s 11 of the Act. Accordingly the Assessing Officer was directed to allow the exemption under section 11 of the Act. (AY. 2010-11)
Oswal Bandu Samaj v. ITO (2022) 215 DTR 374 (Pune)(Trib)
S. 11 : Property held for charitable purposes-Receipt from cultural hall-Amount was spent on the objects of Trust, medical education, relief to poor-Denial of exemption is not valid. [S. 2(15), 12AA]