Case law for section 2(15) of the income tax act, 1961

Originally posted by : prem
	hi every one,   I am from a NGO MFI working in Andhra Pradesh. I need latest case laws in favour of NGO MFI for the tax exemption as per section 2(15) of the Income Tax Act, 1961.  i am attending appeal very soon. Please help me asap.   thanks in advance.

Aurolab Trust Versus Commissioner of Income-tax-I, Madurai - 2011 (5) TMI 591 (Tri)

Registration u/s 12A - Commissioner examined the relevant provisions of law contained in section 11(4) and 11(4A) and stated that charitable or religious trusts can carry on business if the business is incidental to the attainment of the objects of the trust - As the assessee has been established for carrying out charitable activities and one of the activities is of manufacture and sale of ophthalmic and medical products for the benefit of the general public - The application of funds and profits of the business carried on by a trust shall be relevant for the purpose of section 11, only after it is primarily held that the institution is established for carrying on charitable purpose and in fact, the said institution is carrying on such activities - in the present case, the assessee has converted the incidental objects as the main object of the assessee being that of carrying on of full-fledged business and chose not to carry on the proclaimed main objects of the charitable activities - Decided against the assessee.

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I am not sure but may be this case law can help you.