9911796707
TMI Blog2012 (10) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... led under Section 260A of the Income-tax Act, 1961 (for short 'the Act') against the order dated 20-01-2012 passed by the Income-tax Appellate Tribunal (for short 'the Tribunal'), Bench 'B' passed in ITA No.1103/Chd/2009 for the assessment year 2008-09 claiming the following substantial question of law:- "Whether the Ld. ITAT has erred in law in setting-aside the order pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... haritable Trust v. CIT ITA No.223 (Chd.) of 2009. 3. Learned counsel for the revenue fairly admitted that against the aforesaid order, the revenue had approached this Court by way of ITA No.701 of 2010 wherein this Court on 05-10-2011, while dismissing the said appeal had observed as under:- "We have heard learned counsel for the appellant, but find no merit in the present appeals. As per Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arried out in accordance with the objects of the Trust or Institution. Section 11 of the Act contemplates that the income as specified therein shall not be included in the total income of the previous year of the person in receipt of the income derived from the property held under the Trust wholly for charitable or religious purposes, whereas Section 12 of the Act, deals with the contributions re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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(22) now 10(23)(C) or Sections 11 and 12 are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of assessment." 4. In view of the above, no s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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