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TMI Blog2012 (12) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner of Income Tax passed under Section 10(23C) (vi) while denying the exemption under the aforesaid sub-section. Therefore, the Tribunal had rightly restored the registration on the ground that in the Assessment Years 2004-05 and 2006-07 benefit of exemption/deduction under Section 11 was allowed to the respondent-assessee. - IT Appeal No. 471 of 2011 - - - Dated:- 29-10-2012 - R.K. Agrawal and Ram Surat Ram (Maurya), JJ. A.N. Mahajan and D. Awashthi for the Petitioner. Kunal Ravi Singh and Manjari Singh for the Respondent. ORDER 1. The present appeal has been filed under Section 260-A of the Income-tax Act, 1961, hereinafter referred to as "the Act" against the order dated 08.12.2009 passed by the Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to educational institution as the institution is solely for the educational purposes. The claim of exemption under Section 10(23C)(vi) of the Act was disallowed by the Chief Commissioner of Income Tax, Varanasi vide order dated 25th February, 2009 on the ground that in the objects of the institution there are certain other objects, which proves that the institution has not solely been established for educational purposes. Relying on the said order proceeding under Section 12AA(3) of the Act was initiated and vide order dated 12th October, 2009, the Commissioner of Income Tax, Varanasi cancelled the registration granted to the respondent-assessee under Section 12A of the Act. Feeling aggrieved by the order dated 12th October, 2009 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g institution exemption under Section 10(23C) (vi) of the Act having been rightly denied to it as it ceased to be a charitable institution., therefore, the Tribunal has erred in restoring the registration. The submission is wholly misconceived. Admittedly, one of the objects of the trust was for running educational institutions and imparting education. The trust , however, has other objects also, which are reproduced below: "(i) Development of Scientific Education amongst Indian Children. (ii) Modern Education with moral duty and character building in accordance with Indian culture as well as development of educational atmosphere. (iii) To provide as well as arrange commercial and practical education to children. (iv) Developmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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