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July 2022

Charitable purposes — Charitable trust — Exemption under section 11 — Meaning of education in section 2(15) — Dissemination of knowledge through museum or science parks constitutes education — Company formed by Government of India for establishing museum and science parks — Company setting up a museum for Reserve Bank of India and Municipal Corporation — Not activities for profit — Company entitled to exemption under section 11

By K. B. Bhujle
Advocate
Reading Time 4 mins
22 Creative Museum Designers vs. ITO(Exemption) [2022] 443 ITR 173 (Cal) A.Ys.: 2013-14 to 2015-16  Date of order: 10th February, 2022 Ss. 2(15) and 11 of ITA, 1961

Charitable purposes — Charitable trust — Exemption under section 11 — Meaning of education in section 2(15) — Dissemination of knowledge through museum or science parks constitutes education — Company formed by Government of India for establishing museum and science parks — Company setting up a museum for Reserve Bank of India and Municipal Corporation — Not activities for profit — Company entitled to exemption under section 11


The assessee was a company registered under section 25 of the Companies Act, 1956 and was formed by the National Council of Science Museum, Ministry of Culture, GOI. The Council was formed by the Government of India for the dissemination of science and development of scientific temperament to the public and to ensure development of society and the country as well. The council established the assessee-company under section 25 of the Companies Act, 1956 whose very nature was charitable and its purpose is dissemination of knowledge to the Indian society. The assessee was engaged in the design and development of knowledge centres like science museums, planetariums, and other knowledge dissemination centres. The Reserve Bank of India proposed to establish a museum and financial literary centre in Kolkata to explain the development of