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TMI Blog2018 (3) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that it is an undisputed position that the Respondent-Institution had education as its stated object and did carry out the same. The generation of surplus is not the test which by itself will disallow Registration under Section 12AA. The only quantifications to be considered for Registration under Section 12AA, is the objects of the trusts/ institution and its genuineness. Once the two conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Tribunal (the Tribunal). The impugned order dated 26th November, 2014 is in respect of Assessment Year 2013-14. 2. Revenue urges the only following question of law, for our consideration: Whether on the facts and in the circumstance of the case and in law, the Tribunal was right in holding that the assessee was an educational institution? 3. The impugned order of the Tribunal date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y itself will disallow Registration under Section 12AA of the Act. The only quantifications to be considered for Registration under Section 12AA of the Act, is the objects of the trusts/ institution and its genuineness. Once the two conditions are satisfied, no occasion to refuse Registration under Section 12(AA) of the Act, can arise. It further held that the question of available surplus, if any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ook Trusts (supra) will have no application to the present facts. It was rendered in the context of property tax under the Delhi Municipal Corporation Act, 1957. Further, the above decision itself records that definition of charitable purpose under the Income Tax is much wider in scope and the decision rendered therein, will have no application in construing the Delhi Municipal Corporation Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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