9911796707
TMI Blog2016 (7) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... lined the exemption under section 12A. It is important to note that the Tribunal held that if the assessee is able to obtain approval under section 10(23C), then the Assessing Officer should consider the matter in the light of such approval. The operative part of the order of the Tribunal in paragraph 19, however, dismisses the appellant's appeals. In view of what was observed in the earlier paragraph, we hold that the dismissal was not absolute. As aforesaid, the Tribunal had directed the Assessing Officer to consider the matter afresh in the event of the appellant obtaining approval even under section 10(23C). In view of the observations in the order of the Tribunal to the effect that in the event of the appellant obtaining approval un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 12AA, the concerned authority is required to examine only the aims and objects of a particular institution and if the same are found to be charitable in nature the registration should be granted. It was further observed that the other issues such as non-audit of accounts, non-application of 85 per cent. of the funds for charitable purposes can be examined only at the time of assessment when the exemption is granted under sections 11 and 12 of the Act. What the Tribunal obviously meant was that the other issues would be examined if the exemption is granted. It is important to note that the Tribunal further observed that in these cases the Commissioner had not recorded any findings as to how the objects of the assessee are not cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment years 2006-07 to 2014-15. This covers the period in question, namely, the assessment years 2006-07 to 2011-12. In these circumstances, it is not necessary for the appellant to challenge the order in so far as section 12AA is concerned. 6. In view of the observations in the order of the Tribunal to the effect that in the event of the appellant obtaining approval under section 10(23C), the Assessing Officer should consider the matter in the light of such approval, it is not necessary to remand the matter to the Tribunal. The proper course would be to remand the matter to the Assessing Officer. 7. The appeals are, therefore, disposed of by directing the Assessing Officer to consider the matter regarding the appellant's asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
