TaxTMI 
TaxTMI 
2015 (8) TMI 72
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....all the bankers clubs under one roof for a common purpose. Referring to the object of the trust, the ld.representative submitted that the assessee is organizing lectures and seminars for the benefit of bank employees. According to the ld.representative, the assessee trust is inviting senior officials from the Reserve Bank of India, viz. the Governor, the Deputy Governor to address the bankers in the state. By listening to the speeches delivered by the governor and the Deputy Governor of RBI, the efficiency and capability of the bankers would increase so as to render better service to the general public. On query from the bench, the ld.representative for the assessee clarified that general public does not mean the entire population of the st....
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....ssioner of Income-tax cannot travel beyond that. According to the ld.representative, if the application for registration was made subsequent to the establishment of the trust, then the Commissioner may look into the activity of the trust. In this case, the application was made immediately on establishment of the trust, therefore, the question of looking into the activity of the trust does not arise. In fact, according to the ld.representative, the activity was started and that the assessee has conducted several programmes in which the Deputy Governor of Reserve Bank of India has participated, the Governor of Kerala has also participated in the function. Therefore, it is not correct to say that the assessee has not started any activity. 3. ....
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....e case of CIT vs Andhra Chamber of Commerce 55 ITR 722 (SC) and cit VS Gujarat Maritime Board (2007) 295 ITR 561 (SC); judgment of the Kerala High Court in Commissioner of Agricultural Income-tax vs Rubber Board 226 ITR 722 (Ker); Delhi High Court in the case of All India Management Association vs DGIT (E) 2013- TIOL-935-HC-DEL-IT. 4. On the contrary, Shri M Anil Kumar, the ld.DR submitted that the assessee is functioning like a apex bankers club. There are several bankers club in the State of Kerala. The assessee is bringing all the bankers club in the state under one umbrella by establishing an apex body in the state. Referring to the object of the trust, copy of the trust deed filed by the assessee, the ld.DR submitted that the assessee....
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....represent and bring to the attention of the state / district authorities, financial and other organizations, banking matters and problems of common nature faced by members of bankers clubs. e) To provide required assistance, encouragement, support, etc. to member clubs to enlarge their knowledge / technical skills, talents and expertise, etc. in various other fields. f) To undertake various charitable activities for relief of the poor, education and medical relief and the advancement of any other object of general public utility which are not in the nature of trade, commerce or business. g) To do all such things as may be incidental or conducive to the attainment of the aforesaid objects." From the above objects of the trust it appears ....
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.... Act? We have carefully gone through the provisions of section 2(15) of the Act which reads as below: "2(15) charitable purpose includes relief of the poor, education, medical relief, preservation of environment (including watersheds, forests and wildlife and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility: Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, i....
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....ers of the bank, but it does not mean that the assessee is doing charitable activity. This Tribunal is of the considered opinion that the assessee is not rendering any charitable activity other than rendering service to banking business by organizing lectures and seminars. 7. The judgments relied upon by the assessee was rendered prior to introduction of Provisos to section 2(15) of the Act. Therefore, this Tribunal is of the considered opinion that the judgment relied upon by the ld.counsel for the assessee may not be applicable to the facts of the case. 8. The next contention of the assessee is that it is not necessary for the assessee to start any activity for registration u/s 12AA of the Act. The ld.representative placed reliance on t....