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Thus, the Assessing Officer took the view that the assessee company is not entitled to seek exemption under Section 11 of the Act on the ground that the case of the assessee falls under sub-section (8) of Section 13 of the Act. The Assessing Officer took the view that the assessee company is engaged in the business of treating the trade effluent generated by the polluting industries in accordance with the norms and the parameters prescribed by the GPCB and the provisions of the Air & Water Pollution Act. In other words, the Assessing Officer took the view that the activities of the assessee do not fall within the definition of the term “Charitable Purpose” as defined under Section 2(15) of the Act. The Assessing Officer took the view that the activities undertaken by the assessee company are not towards “preservation of environment”.

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Section 2(15) & 11 of the Income Tax Act, 1961 — Trust — Charitable purpose — The driving force was not desire to earn profit but the object was to promote, aid, foster and engage in the area of environment protection, abatement of pollution of various kinds such as water, air, solid, noise, and vehicular etc without limiting its scope. in short, the dominant object was not only preservation and protection of environment ,but one of general public utility and there, the assessee was entitied to seek Exemption under section 11 — Commissioner of Income Tax vs. Naroda Enviro Projects Ltd. [2019] 419 ITR 482 (Gujarat)

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