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TMI Blog2017 (10) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... t appeal has been filed just for sole reason that “the decisions rendered by the Tribunal in assessee’s own case for AY 2009-10 has not been accepted by the department and appeal has been filed in the Hon’ble High Court.” This trend of filing appeal is not only disappointing but leads to the multiplicity of the litigation because otherwise no substantial illegality or perversity has been pointed out by the Revenue. In view of what has been discussed above and following the order passed by the coordinate Bench of the Tribunal affirmed by the Hon’ble Delhi High Court and the fact that there is no change in the facts and circumstances in case at hand nor there is any change in the objects and activities of the society, we find no illegality ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 12A of the Income-tax Act, 1961 (for short the Act ) and has also been granted certificate u/s 80G(5)(vi) of the Act w.e.f. AY 2009-10. From the financial statement of the assessee, Assessing Officer noticed that the assessee trust is constructing and letting out the properties and earning income of rent and making huge profits which is again being applied for constructing and letting out the properties. AO concluded that the assessee has created vicious cycle to hide its true purpose to evade the tax firstly by constructing the building earmarked for education purpose and letting the properties to the society. The main object of the Trust is to build, establish and run schools to provide education facilities to the residents of DLF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decisions rendered by the Tribunal in assessee s own case for AY 2009-10 has not been accepted by the department and appeal has been filed in the Hon ble High Court. This trend of filing appeal is not only disappointing but leads to the multiplicity of the litigation because otherwise no substantial illegality or perversity has been pointed out by the Revenue. 7. Not only this decision rendered by the Tribunal has further been affirmed by the Hon ble High Court of Delhi in ITA No.626/2012 order dated 27.02.2013, copy of which is available at pages 4 to 6 of the paper book, by making following observations:- The respondent had challenged the said order of cancellation of registration before the Tribunal on the ground that the Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on was provided where the registration was granted under clause (b) of sub-section (1). Further cancellation under sub-section (3) was also provided where the registration was obtained at any time under section 12A (may be under clause (a) or clause (aa) of sub-section (1) of section 12A). But this power of cancellation of registration obtained under section 12A came to be incorporated by way of amendment introduced by the Finance Act, 2010 with effect from 1st June, 2010. That being the interpretation of sub-section (3), it is amply clear that the power to cancel the registration once granted was only confined to the registration granted under clause (b) of sub-section 1 of section 12AA till before 1st June, 2010 of course, now with effect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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