Zilla Nirmiti Kendra. V. ACIT (2022) 194 ITD 514 (Bang.) (Trib.)

S. 11 : Property held for charitable purposes-Objective of generating and propagating innovative ideas on housing,-Construction activity carried on during the year-Denial of exemption is justified. [S. 12AA]

Object of the Trust  is  to serve as seminal agency formed to generate and propagate innovative ideas on housing.   During year, assessee undertook construction projects given by State Government such as road and building repairs, white wash etc., and received funds for said project. Assessee claimed exemption under section 11.  Assessing Officer held that such construction activities carried out by assessee under said project were akin to activities carried out by a private contractor/developer on a commercial basis, thus, he denied exemption. On appeal the Tribunal held that since construction activity carried on by assessee became its principal activity and there was no nexus between such construction activity carried on and objects of assessee that could constitute an activity incidental to attainment of objects of society denial of exemption is valid.  (AY. 2015-16)