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2017 (10) TMI 824 - AT - Income TaxRegistration u/s 12AA of the Income Tax Act, 1961 - objective of society - Held that - It is an admitted fact that the assessee society exists for education purpose only which has been duly recorded in Para 2.3 of impugned order. Further, three consecutive orders passed u/s143(3) of the Income Tax Act have accepted assessee s claim of exemption u/s 10(23C)(iiiad). Thus, there remains no doubt that the objective of the assessee society is education . The observations of the Ld. CIT in the impugned order are contradictory. The Ld. CIT, on the one hand, mentions that the assessee society has been running a school and on the other hand he mentions that the objects appear to exist only on paper. This coupled with the fact that the department has also accepted the assessee s claim of exemption u/s 1023C (iiiad) for three consecutive years leaves no doubt about the genuineness of the objects of the society. Appeal allowed - decided in favor of assessee.
Issues:
- Rejection of application for registration u/s 12AA of the Income Tax Act, 1961 by the Ld. CIT-Faridabad. - Grounds of appeal challenging the rejection of registration. - Reasons for rejection by the Ld. CIT. - Arguments presented by the Ld. AR in favor of registration. - Judicial precedents and legal references cited in support of the appeal. - Response of the Ld. DR to the Ld. CIT's order. - Analysis of the Tribunal and decision to grant registration to the assessee society. Rejection of Registration Application: The appeal was filed by the assessee society against the rejection of their application for registration under Section 12AA of the Income Tax Act, 1961 by the Ld. CIT-Faridabad. The grounds of appeal highlighted various errors in the rejection, including the failure to consider the genuine educational and charitable nature of the society's activities. Reasons for Rejection by Ld. CIT: The Ld. CIT rejected the application citing that although the society mentioned multiple aims and objectives in its Memorandum of Association, it was only running a school in practice. The Ld. CIT questioned the genuineness of the other stated objectives and noted the lack of evidence to support the charitable nature of the society's activities. The CIT relied on a legal precedent to emphasize that merely proposing to establish an institution may not be sufficient compliance. Arguments in Favor of Registration: The Ld. AR argued that the society's primary objective was education, as evidenced by running a school, which qualified as a charitable purpose under the Income Tax Act. The AR emphasized that the society's activities were genuine and limited to education, as confirmed by past assessments accepting the educational nature of the society. Judicial Precedents and Legal References: The Ld. AR cited various judicial precedents, including decisions from the Punjab & Haryana High Court, Kerala High Court, Supreme Court, and other High Courts, to support the appeal. These references highlighted the importance of assessing the genuine purpose of a trust or society for registration under Section 12AA. Tribunal Decision and Grant of Registration: After considering the arguments and legal precedents, the Tribunal found that the rejection of the registration application was contradictory. The Tribunal noted the genuine educational nature of the society's activities and the acceptance of exemption claims in past assessments. Relying on the observations of the Punjab & Haryana High Court and the Kerala High Court, the Tribunal reversed the Ld. CIT's order and directed the grant of registration to the assessee society. Conclusion: The Tribunal allowed the appeal of the assessee society and directed the Ld. CIT to grant registration based on the genuine educational nature of the society's activities. The decision was pronounced in open court on 4th October 2017.
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