TaxTMI 
TaxTMI 
2017 (1) TMI 859
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....of providing charitable services of training and education. 2. During hearing, the ld. counsel for the assessee, Shri Prakash K. Jotwani, claimed that the impugned issue is covered by the decision of the Tribunal (ITA No.7247/Mum/2012) order dated 22/08/2016 for Assessment Year 2009-10. This factual matrix was not controverted by the ld. DR, Shri Purushottam Kumar. 2.1. We have considered the rival submissions and perused the material available on record. In view of the above assertions, we are reproducing hereunder the relevant portion from the aforesaid order of the Tribunal dated 22/08/2016 for ready reference and analysis:- "2. The sole issue raised in the various grounds of appeal taken by the assessee is against the upholding....
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....) of the Act and therefore came to the conclusion that the assessee was not entitled to claim deduction under section 11 of the Act. The AO specifically reproduced the objects of assessee-trust in para 3.1.1 of the assessment order which are reproduced below for ready reference : "5. Objects a) The objects of the trust are as under: i) To establish, maintain, conduct control and financially assist training establishments, in particular establishments for the raining of all categories of nautical and other offices and ratings for the merchant marine in Indian and to promote and provide for the technical and nautical education to all persons of India, Nationality with regard to all aspects of the shipping industry b....
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.... therefore outside the purview of section 2(15) of the act. It is further seen that the appellant is carrying out these activities with huge profit, on continuous basis and without any charitable object as contemplated u/s 2(15). I therefore do not find merit in the contention of the appellant and confirm the action of the AO in treating income of the appellant under the head income from business. Consequently even the capital expenditure claimed as exempt under section 11 by the appellant amounting to Rs. 22,38,508/- is also rightly added by the AO. Grounds 1 to 3 of appeal are dismissed." 5. The ld.AR vehemently submitted that the case of the assessee is fully covered by the decision of Hon'ble Jurisdictional High Court in IT Appeal no....
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....the case of DIT (Exemptions) v. National Safety Council [2008] 305 ITR 257 (Bom). We are of the opinion that the Tribunal has applied the correct test in concluding that the exemption under section 11 can be availed of by the Respondent - Assessee. In doing so, the Tribunal referred to the objects as set out in the Trust Deed of the Respondent - Assessee. They are to set up, administer and maintain technical training institution at various places in India for pre-sea and post-sea training for the ships and maritime industry as a Public Charitable Institute for education. That is to provide on-board and offshore training and continuing technical education for Officers, both on the deck and engine side. One of the object was to register with ....
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....he above judgement it is revealed that the assessee trust was set up to administer and maintain technical training institution at various places in India for pre-sea and post-sea training for the ships and maritime industry and was engaged to provide on-board and offshore training and also seems to be education and accordingly, held that there is no substantial question of law and dismissed the appeal of the revenue. We find that the case of assessee is squarely covered by the ratio laid down by the jurisdictional High Court in the case of Samudra Institute of Maritime Studies Trust,(supra). Respectfully following the above mentioned judgment of Hon'ble High Court we set aside the order of the ld.CIT(A) and direct the AO to allow the benefi....