2011 (4) TMI 1526 - AT - Income Tax

Summary

Issues involved: Appeal against the order rejecting registration u/s 12A of Income-tax Act.

Summary:
1. The appellant, a development authority, sought registration as a charitable institute u/s 12A of the Income-tax Act, which was declined by the ld. CIT based on the nature of activities not falling under charitable purposes as per Section 15 of Sec 2. The ld. CIT also found the appellant not to be a charitable institute or trust, thus ineligible for registration u/s 12A.

2. The appellant appealed to the Tribunal, citing a similar case involving Punjab Urban Development Authority, where the rejection of registration u/s 12A was upheld. The appellant acknowledged the similarity of issues with the previous case.

3. The Tribunal noted the dissolution of PUDA Ludhiana and the formation of Greater Ludhiana Area Development Authority, indicating a continuity of activities. Relying on the precedent set in the case of Punjab Urban Development Authority v. CIT, the Tribunal dismissed the appeal, as the issues were found to be covered by the previous decision.

4. The appeal filed by the assessee was dismissed based on the Tribunal's decision in a similar case, Punjab Urban Development Authority v. CIT, where the rejection of registration u/s 12A was upheld.

(Order pronounced on April, 2011)