2013 (3) TMI 819 - AT - Income Tax

Non-profit Gemology Institute granted tax exemption under section 11; ITAT dismisses Revenue's appeal

ADIT (E) -II (1), Mumbai Versus Gemological Institute of India

The ITAT upheld the CIT (A)'s decision to grant exemption u/s 11 to the non-profit research and education organization in Gemology, dismissing the ... - Issues involved: Revenue appeal against CIT (A)'s order directing exemption u/s 11 of the IT Act, 1961.Summary:1. The assessee, a non-profit research and education organization in Gemology, was denied exemption u/s 11 by the AO based on lack of formal education courses and affiliations. The CIT (A) allowed the exemption, stating that the institute was imparting education in Gemology and Diamond jewellery, thus entitled to exemption u/s 11. 2. The Revenue argued that conducting coaching classes does not constitute education, citing precedents. The assessee countered by highlighting its registration under section 12A and relying on relevant case laws. The ITAT held that since the assessee was registered under section 12A, further probing into its objects was impermissible, as per the Supreme Court's decision in ACIT vs. Surat City Gymkhana.3. The ITAT emphasized that the AO's role is to ensure compliance with the objects for which the organization was established, not to delve into unrelated matters. Upholding the CIT (A)'s order, the ITAT dismissed the Revenue's appeal, stating that as long as valid registration under section 12A exists, the AO cannot question the organization's objects.Conclusion: The ITAT upheld the CIT (A)'s decision to grant exemption u/s 11 to the assessee, dismissing the Revenue's appeal.