Wednesday, 2 October 2013

S.11: Property held for charitable purposes - Education-Conducting seminars, workshops and


S.11: Property held for charitable purposes - Education-Conducting seminars, workshops and
diploma courses are educational activities. [S.2(15)]

Assessee an educational institution conducting various courses categorized as continuing education

diploma and certificate programmes, management development programmes, seminars and workshops and conferences. 80 % receipts were from continuing education programme. The A.O. was of the opinion that on going through the nature of courses and duration, the resultant surplus for each activity, the activity of the assessee is not educational and it was held by the A.O. that the assessee's activities are not educational and since the provisions of Section 2(15) are applicable and therefore the assessee is not entitled for exemption. In appeal CIT (A) also confirmed the view of A.O. On appeal the Tribunal held that the assessee is conducting various diploma courses, certificate progarmmes seminars, workshops etc all these programmes fulfilled systematic instruction and training test hence covered under section 2 (15) as education hence eligible for exemption under section 11. (A.Y.2009-10)

Ahmedabad Management Association v. JDIT(Exemption) (2013) 143 ITD 476 (Ahd.)(Trib.)

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