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The assessee is engaged in activities for upliftment of the poor, providing training and skill development of the poor in the rural area in the backward districts of the states like, Bihar, Jharkhand, Orissa, Madhya Pradesh, Chhattisgarh and West Bengal etc. The assessee gets grant from Central and State Government and also donation from the various organization like, 'Gate foundation' etc. The assessee has been allowed benefit of exemption under section 11(1) of the Act continuously up to assessment year 2010-11, however, in the instant assessment year the assessee has been denied said exemption by the Assessing Officer invoking the mischief of the proviso to section 2(15) of the Act. On further appeal, the Ld. CIT(A) allowed the exemption under section 11(1) of the Act with all consequential benefits. Aggrieved, the Revenue is in appeal before the Tribunal, raising the grounds as reproduced above.

Shanti Prime Publication Pvt. Ltd.

Section 2(15) read with section 11 of the Income Tax Act, 1961 — Trust — Charitable purpose — Section 11(1) exemption would be available where no extra fees were charged by assessee Trust except cost while implementing skill development projects of clients/ donors for upliftment of rural poor. it couldn't be held that assessee was established with profit motive — Deputy Commissioner of income tax vs. Professional Assistance for Development Action [2019] 179 ITD 818 (Delhi-trib) 

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