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TMI Blog2020 (2) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr.N.Devanathan JUDGMENT DR.VINEET KOTHARI, J. This appeal has been filed by the Revenue under Section 260A of the Act aggrieved by the order of the learned Income Tax Appellate Tribunal 'D' Bench, Chennai, dated 02.05.2012, whereby the learned Tribunal allowed the appeal filed by the Assessee, a Trust viz., Ayur Siddha Health & Research Foundation, Chennai and held that the Assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The Assessee preferred an appeal before the learned Income Tax Appellate Tribunal, which allowed the appeal of the Assessee with the following observations. "9. In view of the above order of the Tribunal, we further observe that whether the assessee foundation is contravening any provisions of the Act relating to charities is a matter to be considered subsequent to registration on application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted by the Coordinate Bench of this Court on 19.10.2012 on the following substantial question of law. "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to grant of registration under Section 12AA of the Income Tax Act? 3. Learned Senior Standing Counsel for the Revenue Mr.J.Narayanaswamy urged that the definition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order of the learned Tribunal and urged that the Assessee is not engaged in any business activity and the Object Clause providing for Research and Development work for new medicines is part of their activity, which is covered by the definition of 'Charitable Purposes', which include medical relief, yoga etc., even as per the amended definition. 5. Having heard the learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore unless the Charitable Trust is found to be engaged in the business or trading activity apart from the charitable purposes for which the Trust is incorporated, the benefit of registration under Section 12AA of the Act cannot be denied to the Trust. 6. Therefore, in our opinion, the learned Tribunal was perfectly justified in allowing the appeal filed by the Assessee and directing the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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