TaxTMI 
TaxTMI 
2024 (5) TMI 1710
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....ossly erred in law and on fact in refusing to renew the registration to the appellant society under section 12AB/12AA of the Act. 2. That the learned Commissioner of Income Tax (Exemptions) has grossly erred in failing to appreciate that the objects of the appellant society are wholly charitable in nature which were also duly backed and supported by the activities so undertaken by the appellant society and as such, the denial of exemption is completely unjust and untenable both in law and on facts. 2.1 That the learned Commissioner of Income Tax (Exemptions) failed to appreciate and understand the detailed explanations and replies furnished by the assessee - appellant containing the details of activities, receipts and expenditures, which have all been misconstrued and misunderstood by CIT (E) while denying exemption to the assessee - appellant. 2.2 That the learned Commissioner of Income Tax (Exemptions) has completely ignored that the society has organized various conference/ seminars to impart technical education for promoting, encouraging and developing the growth of lubricating greases and its application and any surplus which arose was only incidenta....
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....e required holding workshop/conferences for the members/stakeholders of lubricating grease industry and, therefore, reasonable charges were taken. 4. The ld. DR, on the other hand, submitted that there is no error in the findings of ld. CIT (Exemptions), Chandigarh. 5. As we appreciate the material before us and the submissions, it can be seen that the assessee society had commenced its activities on 14.05.1998 and is India Chapter of the National Lubricating Grease Institute, USA. It has been established by a Resolution of NLGI, USA on 27.10.1996. The office bearers and the members of the Society are from the oil companies, i.e., Indian Oil Corporation, HPCL and APAR Ltd., Mumbai. As per the assessee, lubricating grease is a very specific lubricant and the Institute provides a platform for researchers, academia-industry to advance on lubricating grease. The Society works in the following fields without profit motive :- "1. Education: The institute conducts annual "education course" for the benefit of research scholars, engineering students and end users. During the course top-faculties on the subject educate students on the fundamentals of lubricating grease and the....
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....ng the developments in lubricating grease and their applications through lectures, courses and workshops and to bring scientist, grease industry representatives, raw material suppliers, packages and users to a common forum. 4.6 To publish News bulletins covering information pertaining to the developments and activities in lubricating grease. 4.7 To render advice (technical or otherwise) to Government and commercial bodies on matters pertaining to lubricating grease, grease specifications and applications when needed or requested. 4.8 To collect technical information with respect to. 1. New or improved methods of manufacturing LG. 2. New or improved equipments for manufacturing of LG. 3. New or improved containers for LG. 4. New or improved equipment for dispensing LG. 5. New or improved devices for applying LG. 6. New consumer requirements for LG. 7. Environmental and other regulatory issues. 8. Development of new or improved quality and quality control methods." 5.2 The aforesaid stands not disputed. It is also not disputed that the major part of the revenue earned by the assessee....
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....appeal dated October 7, 1968 the provisions of the constitution of the assessee are set out and with reference to The community it is stated, "Rana community means natives of Ahmedabad only and the other community brothers accepted by the community as per old rules of the community staying in Ahmedabad". It is common ground that the word " old rules" do not represent the correct translation of the original word in Gujarati which is Riwaj meaning custom. The learned judges of the High Court also, who are conversant with that language, have proceeded on the basis that the correct rendering of the aforesaid word is custom or usage. That is why according to the High Court the definition comprises two classes of members of Rana caste residing in Ahmedabad, one class consisting of those who are natives of Ahmedabad while the other class consists of such persons who are admitted by the Rana caste according to the old custom or usage of the community. The reason which prevailed with the High Court for treating the second class as not being united with the first class by a common characteristic or attribute was that its members have to be accepted by the community according to the old custo....