2004 (7) TMI 44

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....s directed against the order of the Income-tax Appellate Tribunal, Chennai Bench "D", dated June 26, 2003, holding that the respondent/assessee is a charitable institution within the meaning of section 2(15) of the Income-tax Act, 1961, as they are engaged in commercial activity by growing plants, selling seeds and getting corpus donation by using the premises for shooting movies, TV serials, etc.....

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....iety as a charitable nature and rejected the exemption claimed by the respondent/assessee, a benefit of exemption applicable under sections 11 to 13 of the Income-tax Act, by an order dated March 27, 2002. The appeal preferred by the respondent/assessee before the Commissioner of Income-tax (Appeals) in I.T.A. No. 16 of 2002-2003 also failed and the order of the assessing authority was confirme....

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....ociety are growing plants, which are sold in pots and also develops seeds, garden implements, manure, etc. by engaging 54 employees is also not disputed. If that be so, the respondent has to receive a minimum sale consideration for giving payment to the employees and such act of the respondent/assessee-society by itself, in our considered opinion, cannot be construed as commercial in nature. Simil....