2018 (5) TMI 1881

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....that :- "On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred in holding that the assessee society is involved in imparting education despite the fact that the assessee society was engaged in the activities of selling & publishing and also earning income from advertisement which is in the nature of business, trade within the meaning of amended provisions of section 2(15) of the Income Tax Act, 1961." 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : Applicant/Assessee, Association of Indian Universities, being a society registered under the Societies Registration Act, 1860 has been registered under section 12AA of the Income-tax Act, 1961 (for short 'the Act') on 28....

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....egrees by MHRD and is providing input to Ministry of HRD, UGC and Planning Commission in formulating the education policy of the Government. It is also not in dispute that the assessee is also looking after and promoting the sports in the universities in the country by organizing inter-university sports and cultural programmes. 6. It is the case of the assessee trust that the major source of income of assessee trust is by way of grant from Ministry of HRD, Ministry of Youth & Sports, membership fees from the universities and also from the sale of books and magazines and various advertisements from the universities which are for the purpose of promoting education. 7. Ld. AR for the assessee contended that since the assessee trust is not in....

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....ication and sale of goods has been accepted and exemption u/s 11 & 12 of the Act has been allowed, no new fact has been brought on record by the AO to depart from "rule of consistency" as has been laid down by the Hon'ble Apex Court in Radhaswami Satsang Vs CIT (1992), 193 ITR 321 (S.C.) case. 9. Moreover when predominant activities of the assessee trust are promotion of education & sports activities and its major source of income is grant from the Ministry of HRD and Ministry of Youth Affairs and Sports, membership fees from the universities etc., no ground is made out to invoke the proviso to section 2 (15) of the Act. Moreover, it is the admitted case of the Revenue that the assessee trust is only publishing and selling text book and re....