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
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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