Registration under section 12AA granted where substantive charitable objects for ex-servicemen, incidental commercial activity permitted and profits applied
X X X X Extracts X X X X
X X X X Extracts X X X X
....ITAT allowed the appeal, set aside the CIT(E) order and directed grant of registration under section 12AA. The Tribunal held that absence of registration under section 8/25 Companies Act is not fatal to charitable status where substantive objects are charitable; the assessee's principal object of providing employment and assistance to ex-servicemen was established. Commercial undertakings (petrol outlet, trading, leasing, construction) were incidental and permissible: mark-up was below 20% of receipts and profits were applied to primary objects. Documentary evidence of beneficiary assistance and recruitment practices sufficed; limited civilian employment was justified by specialist needs. Amended AOA precluded profit distribution and assets on dissolution vest with the State, supporting registration.....
TaxTMI