9911796707
TMI Blog2017 (4) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... y School & St. Joseph E.M. High School have been transferred to the assessee-society i.e. M/s. St.Paul Province Society, Yernagudem, West Godavari District. The assessee has filed assessment order of Heralds of Good News wherein it is declared NIL income by claiming exemption. It is clear from the assessment order that Heralds of Good News school enjoying registration under section 12A of the Act. The Assessing Officer has clearly mentioned in the assessment order that the society is registered under section 12AA in the Assessment Year 2006-07. The assessee also filed income tax returns of the Heralds of Good News educational society, income & expenditure and also receipts upto 31/03/2010. The assessee also filed its details of opening bala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... School, Yernagudem registered under the Registration of Societies Act, 2001. The assessee filed an application in Form No.10A, dated 20/08/2009 for grant of registration under section 12AA of the Act. The application filed by the assessee was rejected by the Commissioner of Income Tax on the ground that objects mentioned in memorandum are mixed objects i.e. both religious and charitable. With this observation, he denied registration under section 12AA of the Act. The assessee carried the matter in appeal before the ITAT, Visakhapatnam. The ITAT, Visakhapatnam vide its order dated 01/11/2012, directed the Commissioner of Income Tax to consider the application of the assessee afresh for registration under section 12AA of the Act. Thereafter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejecting the application for grant of registration under section 12AA on the ground of non-furnishing of agreement between Heralds of Good News and the assessee. Learned counsel for the assessee further submitted that the assessee filed all the details called by the Commissioner of Income Tax. The Commissioner of Income Tax, after examining the same, rejected registration under section 12AA, which is arbitrary and unjustified. 6. On the other hand, Departmental Representative has strongly supported the order passed by the Commissioner of Income Tax. 7. We have heard both the sides, perused the material available on record and gone through the orders of the authorities below. The assessee-society namely, M/s. St. Paul Province Society wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and physical life. g) To co-operate, amalgamate and co-ordinate with other bodies, societies, associations, Boards or agencies National or International, having similar aims or objects which are not inconsistent with the objects of this Society for the purpose of promoting or achieving the objects of the Society. h) To apply for, receive, accept and utilize any Government, University and / other grants and / all other allowance in connection with any of the institutions, educational/ otherwise, work and activities conducted, properties held by the Society and to deal with the same in accordance with the terms and conditions there of and to execute such documents therefore over all or any of the properties and assets of the Society as m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order that Heralds of Good News school enjoying registration under section 12A of the Act. The Assessing Officer has clearly mentioned in the assessment order that the society is registered under section 12AA in the Assessment Year 2006-07. The assessee also filed income tax returns of the Heralds of Good News educational society, income & expenditure and also receipts upto 31/03/2010. The assessee also filed its details of opening balance, receipts, payments and balance in school during the year 2011-12 and also filed balance sheet before the Commissioner of Income Tax. However, the Commissioner of Income Tax is of the opinion that the assessee-society is not a genuine society. We find that the order passed by the CIT is wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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