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    <title>2023 (12) TMI 1183 - ITAT AHMEDABAD</title>
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    <description>The ITAT Ahmedabad addressed a trust&#039;s claim for exemption under sections 11 and 12, which was denied by authorities who found the assessee acted as a facilitator collecting fees from donors and donees rather than engaging in direct charitable activities. The assessee argued it functioned as a bridge between donors and recipient charitable organizations. The ITAT noted the Supreme Court&#039;s ruling in AUDA case allowing nominal charges for effectuating charitable activities, provided they don&#039;t constitute professional fees or business income. The matter was remanded to the AO to analyze whether the assessee&#039;s retained earnings were primarily for service consideration or merely to facilitate charitable activities, considering the totality of facts and relevant precedents.</description>
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      <link>https://www.taxtmi.com/caselaws?id=447499</link>
      <description>The ITAT Ahmedabad addressed a trust&#039;s claim for exemption under sections 11 and 12, which was denied by authorities who found the assessee acted as a facilitator collecting fees from donors and donees rather than engaging in direct charitable activities. The assessee argued it functioned as a bridge between donors and recipient charitable organizations. The ITAT noted the Supreme Court&#039;s ruling in AUDA case allowing nominal charges for effectuating charitable activities, provided they don&#039;t constitute professional fees or business income. The matter was remanded to the AO to analyze whether the assessee&#039;s retained earnings were primarily for service consideration or merely to facilitate charitable activities, considering the totality of facts and relevant precedents.</description>
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