9911796707
TMI Blog2012 (10) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of funds or income come to a conclusion, that the income has been used for the purposes other than the purposes for which the registration under Section 80GG was granted. As the registration under Section 12-AA has not been cancelled in the present case and the application for allowing benefit under Section 80-G was also allowed in the previous years. The trust has not added any new object in the trust deed nor there is any material by way of balance sheet or the utilisation of the income of the trust to come to a conclusion that activities which are not for charitable purpose the order of the Tribunal does not suffer from any error of law - in favour of assessee. - ITA No. - 758 of 2012 - - - Dated:- 11-10-2012 - Sunil Ambwani, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opening the library, reading room and entertainment centres in the institutions (Clause- 6) and to spend the amount of additional income in accordance with the instructions of the Committee of Management, for the benefit of the institution and, its employees (Clause-23). The Commissioner found that Clauses Nos.6 and 23 do not relate to any public charity or charitable activities of the trust, which could entitle it the character of being charitable. He held that since these Clauses do not qualify the trust for registration under Section 80-G of the Act. The Commissioner of Income Tax rejected the application for renewal with directions to initiate proceedings for withdrawal of registration separately. 5. The Tribunal has allowed the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal has erred in law in directing that the assessee be granted exemption u/s 80-G of the I.T Act, 1961, when the activities carried out by it do not fall under the definition of "Charitable Purpose" as enunciated in Section 2 (15) of the IT Act, 1961 and even the proceedings for withdrawal of registration u/s 12-A of the I.T. Act, 1961 were contemplated? 3. Whether the ITAT could have passed an order which in reality was like curbing the powers of CIT granted u/s 80-G which was not the intention of the legislature? 7. It is admitted denied that the registration under Section 12-AA has not been cancelled. The application for allowing benefit under Section 80-G was also allowed in the previous years. The trust has not added any new obj ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
