9911796707
TMI Blog2017 (8) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... restricted to the genuineness of the objects - Decided against Revenue. - Income Tax Appeal No. 63 of 2016 - - - Dated:- 1-8-2017 - Hon'ble Sudhir Agarwal And Hon'ble Ravindra Nath Mishra-II, JJ. For the Appellant : Alok Mathur For the Respondent : Anuj Kudesia, Jairam Srivastava, Om Kumar ORDER 1. Heard Shri Alok Mathur and Shri Manish Mishra, learned counsels appearing for appellant, and Shri Anuj Kudesia, learned counsel appearing for respondent. 2. This income tax appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as Act, 1961 ) preferred at the instance of Revenue has arisen from judgment and order dated 27.11.2015 passed by Income Tax Appellate Tribunal, Agra Bench, Agra in I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that though the society was established in August 2011 with a dominant object of imparting higher medical education by establishing Medical Colleges, Hospitals and Research Centres, such charitable activities had not still been commenced. The provisions of Section 12AA have been construed in the judgments of several High Courts which have been relied upon in a judgment of a Division Bench in Hardayal Charitable Educational Trust v. CIT: [2013] 355 ITR 534/214 Taxman 655/32 taxmann.com 341 (All.). While following the view which was taken by the High Courts of Karnataka, Delhi and Punjab and Haryana, the Division Bench has held as follows: The preponderance of the judicial opinion of all the High Courts including this court is that at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue about the objects of the trust which the Tribunal found are clearly charitable in nature. Thus, the only ground which weighed with the Commissioner in declining to grant registration has been found to be contrary to law. The Tribunal has in the circumstance while allowing the appeal directed the Commissioner to grant registration under Section 12AA. The view of the Tribunal is based on the judgment of a Division Bench of this Court which follows the consistent body of law. 3. The learned counsel appearing on behalf of the revenue has also relied upon a judgment of the Kerala High Court in the case of Self Employers Service Society v. CIT: [2001] 247 ITR 18/[2000] 113 Taxman 703. The facts in that case are clearly distinguishable. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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