2013 (2) TMI 854 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A)'s order regarding deemed registration u/s 12AA and non-application of trust receipts for charitable purposes.

Deemed Registration u/s 12AA:
The department appealed against CIT(A)'s decision deeming the assessee to have been granted registration u/s 12AA. The Tribunal found no infirmity in CIT(A)'s findings, citing a previous order confirming the same. The Tribunal noted that the issue had been decided in favor of the assessee in previous years as well. Consequently, the Tribunal upheld CIT(A)'s decision, stating that since the facts were similar to previous cases, there was no reason to interfere with the finding. The department's appeal was dismissed, and the order was pronounced in the E-Court on February 1st, 2013.

Non-application of Trust Receipts for Charitable Purposes:
The department objected to CIT(A)'s ruling that the assessee had not applied 85% of the receipts for trust purposes, leading to taxation under section 11(1)(a). The Tribunal, after considering submissions and evidence, found no fault with CIT(A)'s decision. The Tribunal referenced a similar issue being decided in favor of the assessee in a previous assessment year, with the Tribunal confirming CIT(A)'s order. Given the similarities in facts, the Tribunal upheld CIT(A)'s decision for the current year as well. Consequently, the department's appeal was dismissed, and the order was pronounced in the E-Court on February 1st, 2013.