9911796707
TMI Blog2012 (4) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... TAX For Respondent: SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH J U D G M E N T Ramachandran Nair, J. This is an appeal filed by the Revenue against the order of the Tribunal holding that the respondent is entitled to registration under Section 80G(5)(vi) of the Income Tax Act (hereinafter referred to as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well. It is entitled to registration under Section 80G(5B), which is introduced with effect from 01/04/2000, only if its 95% of the income is utilised for charitable purposes. This is certainly a matter which has to be established before the Commissioner to entitle for registration based on application filed under Rule 11AA of the Income Tax Rules. 4. The contention of the Revenue is that the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purposes during the year for which registration is sought. We therefore allow the appeal by vacating the orders of the Tribunal and that of the Commissioner and restore the matter to the Commissioner for reconsideration based on accounts and evidence which will be produced by the assessee. We make it clear that the Commissioner is bound to issue an order either under Rule 11AA(4) or (5) either by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
