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TMI Blog2012 (8) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... round for rejecting the assessee’s application has been that under section 12AA as well, the application for registration has been rejected vide order of even date - in favour of assessee. - ITA Nos.1349 & 1350/Mds./2011 - - - Dated:- 28-6-2012 - DR. O.K. NARAYANAN, AND SHRI S.S. GODARA, JJ. Assessee by : Shri N. Devanathan Advocate Department by : Shri K E B Rengarajan Jr. Standing Counsel O R D E R PER S.S.GODARA, JUDICIAL MEMBER: ITA No.1349/Mds./11 This assessee s appeal is directed against the order of the Commissioner of Income Tax-I(i/c), Madurai dated 06.06.2011 passed in C.No.464/192/2010-11/CIT-1 in proceedings under section 12AA of the Income Tax Act, 1961. 2. Brief facts of the case are that the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gument, he has also relied on the case law of the jurisdictional High Court in CIT-1, Madurai Vs. Arulmigu Sri Kamatchi Amman Trust in tax appeal No.643 of 2011 decided on 25th January, 2012. 6. On the other hand, Departmental Representative has relied on the order of the CIT and findings contained therein. 7. We have considered the rival submissions. We find that only ground of rejection under section 12AA of the Act by the CIT is that the activities of the trust are partly religious and partly charitable. In the case law referred by Ld. A.R, the Hon ble jurisdictional Madurai High Court(supra) has been pleased to hold as under:- 6. From a reading of the above, it is clear that the income derived from the property held under trust w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitial certificate of exemption under section.80G(5) of the Income Tax Act, 1961 on 09.03.2011 along with application for grant of registration under section.12AA of the Act. We see from the CIT s order that only ground for rejecting the assessee s application has been that under section 12AA as well, the application for registration has been rejected vide order of even date. 10. Ld. A.R. before us has strongly supported the grounds. The Revenue on the other hand, has relied on the order of the CIT. 11. After having considered the facts and circumstances of the case and in view of the fact that we have already accepted the assessee s appeal herein above under section 12AA of the Act, we also allow the instant appeal. 12. In the result ..... X X X X Extracts X X X X X X X X Extracts X X X X
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