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TMI Blog2011 (10) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... purposes. The stage for application of income is yet to arrive i.e. when such Trust or Institution files its return. Surya Educational & Charitable Institute (2011 - TMI - 206750 - PUNJAB AND HARYANA HIGH COURT). - IT APPEAL NO. 166 OF 2011 - - - Dated:- 18-10-2011 - HEMANT GUPTA AND G.S. SANDHAWALIA, JJ. Rajesh Katoch for the Appellant. JUDGMENT Hemant Gupta, J. The Revenue h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of Income Tax has concluded that the applicant institution had not been applying funds for the purpose of society but for the benefits of the secretary and her relatives who have substantial interest in the society? (iii) Whether on the facts and in law, the Hon'ble Income Tax Appellate Tribunal was justified in allowing registration u/s 12A to the assessee, when the Applicant Institution wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... total income, but the basis of such benefit is the registration under Section 12AA of the Act. Unless a Trust or Institution is registered under Section 12AA of the Act, such Trust or Institution shall not be entitled to exclude from its total income, deductions or contributions or from other sources. Therefore, the principles laid down for excluding the income from consideration under Section 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Trust, but not the income of the Trust for charitable or religious purposes. The stage for application of income is yet to arrive i.e. when such Trust or Institution files its return. Therefore, we find that the judgments referred to by the learned counsel for the appellant are not applicable to the facts of the present case arising out of the question of registration of the Trust and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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