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Sunday 2 September 2012

IT Training company educating storage networking held charitable

The main objects of the   assessee, a non-profit company under Section 25 of the Companies Act are   as follows :
     1. To promote, educate and train professionals as well as IT and end
  users in Public and Private sectors working in the field of Information
  Technology, Advancement in the adoption of storage networking as complete
  and trusted solutions, to lead the storage industry in developing and
  promoting standards, technologies and educational services to empower
  organization in the management of information, not with motive of profit.


    2. No objects of the company will be carried out with out (sic)
  obtaining prior approval/ no objection certificate from the concerned
  authority where ever required.
    3. None of the objects of the company will be carried out on commercial basis

The Tribunal stated that the main objects were clearly not driven by
  profit motive and ancillary objects which had the potentiality including
  some elements of commercial activities could not be taken into account
  for rejection of the application seeking registration under Section 12AA
  of the Act. Consequently, the assessee?s appeal was allowed.


 It is urged by the revenue that the Tribunal overlooked the fact that the
  assessee company was functioning for a considerable period of time and
  that details of its previous years? had to be taken into account. It was
  also urged that the membership of the assessee company extended to huge
  profit making multinational entities and that having regard to these
  facts to the objects could hardly be determined as chargeable


Held by High Court
As is evident from the objects and a reading of the Tribunal?s
order, what is relevant while considering an application under Section
2A of the Act is whether the objects of the trust, society and other
  entity claiming registration are chargeable in nature. In this case
  there was no material on the file of the DIT(Exemption) to conclude that

activities of the commercial flavor was conducted nor was there any
  evidence to show that amounts received by the assessee was used for non-
  charitable purpose. The main objects  as noted by the Tribunal  were
  charitable

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