TaxTMI 
TaxTMI 
TaxTMI 
2014 (6) TMI 359
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....with its main object being to impart post-sea and pre-seal training to all seamen. It has got post sea training centre at Govandi, Mumbai and Pre-sea training centre at Lonavala. It is duly registered u/s 12A of the Act. The return of income for the year under consideration was filed by the assessee trust on 29.9.2008 declaring total income at NIL after claiming exemption u/s 11 of the Act. From the relevant details furnished by the assessee in respect of courses conducted, it was noted by the AO that there are two to categories of courses, one approved and recognized by the Directorate General of Shipping and other category of courses which were not approved and recognized by the Directorate General of Shipping. According to the AO, the co....
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....he AO was of the opinion that this is an indicator of the assessee's indulgence in the commercial and profit making activities under the garb of Charitable Institution. He, therefore, asked the assessee to explain as to why the claim of the assessee for exemption u/s.11 of the I.T. Act should not be rejected. Rejecting the various explanation offered by the assessee he noted that the assessee is projecting the courses which are more profitable and provide more earning to the assessee, rather than offering education through recognized courses. The entire institution is being run with a sole motive of earning profit. However, a feeble attempt has been made by the assessee of giving the colour of charitable institution to the Trust whose activ....
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.... (supra) while deciding the issue u/s.10(22) of the I.T. Act has held that there is no requirement prescribed u/s.10(22) that the institution should be recognized by an University or State or Central Government. The Tribunal in the said decision held 33 lessons of what is termed as Science of Creative Intelligence (SCI) which are in the nature of Yoga Classes as education. The Tribunal while deciding the issue has considered the decision of the Hon'ble Supreme Court in the case of Sole Trustee, Lok Shikshan Trust (supra). We find the various other decisions relied on by the Ld. Counsel for the assessee also support its case. The decision in the case of Bihar Institute of Mining and Mine Surveying (supra) in our opinion is not applicable....