2023 (2) TMI 151

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sallowances made vide intimation / order passed under section 143(1) of the Act, of various deductions, exemptions, relief claimed in the return of income aggregating to Rs. 77,23,693. 1.2 That on the facts and in the circumstances of the assessee trust's case the learned Commissioner of Income tax (Appeals) was wrong in assuming the reasons for making of adjustments made vide intimation / order passed under section 143(1) and thus sustaining disallowances / adjustment of Rs. 77,23,693 even while the said intimation was not a speaking order in as much as the reasons for making disallowances / adjustment have not been mentioned in the said intimation / order dated 11.03.2017." 3. As taken from the record of the CIT(A). 4. The facts of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... public utility- Yes     a whether there is any activity' in the nature of trade, commerce or business referred to in proviso to section 2(15)? Yes b whether there is any activity of rendering any services in relation to any trade, commerce or business for any consideration as referred to in proviso to section 2(15)? No   ii If 'a' or 'b' is YES, the aggregate annual receipts from the such activities       SI. No. Name of the project/Institution's Amount of aggregate annual receipts from such activities     1 GURU VIRJANAND DHARMARTHA AUSHADHALAYA 18648845 8. The ld. CIT(A) held that it is apparent that any claim which is inconsistent with any other entr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the above, the ld. CIT(A) held that a plain reading of section 2(15) it is clear that if the charitable purpose falls under the category of advancement of any other object of general public utility and. the receipts from business are more than Rs. 25 lakhs, then, as per the first proviso to section 2(15), advancement of any other object of general public utility shall not be charitable purpose. To that extent, there is no inconsistency in the processing by the CPC since the receipts from activities in the nature of trade, commerce or business were shown to be more than Rs. 25 lakhs. 11. The ld. CIT(A) also relied on the decision of the Hon'ble Supreme Court in the case of Kvaverner John Brown Engg. (India) (P) Ltd. vs. ACIT [(2008) 30....