Case Details

Citation(s)
2014 SLG 1945 2014 SLD 1945 (2014) 366 ITR 85
Gujarat High Court
Tax Appeal No. 707 of 2013, JUNE 13, 2014
M.R. SHAH AND R.P. DHOLARIA, JJ
Mrs. Mauna M. Bhatt for the Appellant. Jigar M. Patel, Mukesh M. Patel and R.K. Patel for the
Respondent.

Director of Income Tax (Exemption)v.Ahmedabad Management Association

Law:

Section:

JUDGMENT M.R. Shah, J. - Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal, 'D' Bench, Ahmedabad (hereinafter referred to as 'the tribunal') dated 22/03/2013 in ITA No. 159/Ahd/2013 for the Assessment Year 2009-10 by which the tribunal has allowed the said appeal preferred by the respondent-assessee holding that the activities of the assessee were in the filed of education and the assessee was eligible for exemption under Section 11(1) of the Income Tax Act (hereinafter referred to as 'the Act') and consequently quashed and set aside the order passed by the Assessing Officer confirmed by the Commissioner of Income Tax (Appeals) assessing the income of the assessee at Rs.1,42,11,129/- with the proposed following substantial question of law; "Whether the Appellate Tribunal has substantially erred in holding that the activities of the assessee are in the field of education and that the assessee was eligible for exemption under Section 11(1) of the Act?" 2. The assessee-Ahmedabad Management Association is a Public Charitable Trust, which is dedicated to pursue the objects of continuing education, training and research on various facets of management and related areas for the past 50 years. Various activities of the assessee and its revenues are highlighted by the Assessing Officer in paragraph 5 of the Assessment Order; "The summarized position of the Income & Expenditure of various of the assessee, as submitted by the assessee is as under; Nature of Educational Programme Income (Rs.) Expenditure (Rs.) Continuing Education Diploma & Certificate Programs 3,32,51,021 1,73,50,202 Management Development Programs 65,73,962 55,18,482 Public Talks & Seminars 0 11,59,959 Workshops & Conferences 13,65,659 21,54,199 Total as appearing in Income & Expenditure Account 4,11,90,642 2,61,82,842 In response to the query encompassing the details of various activities of the assessee mentioned below 1, 2 & 3 - Continuing Education Diploma & Certificate Programs 4- Management Development Programs. 5 & 6 - Public Talks & Seminars. 7 & 8 - Workshops & Conferences. the assessee…
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