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TMI Blog2020 (4) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... rma Jain [ 1998 (5) TMI 24 - SUPREME COURT] in which the Honourable Supreme Court has held that the Income Tax Act, 1961 does not make any distinction with regard to the objectives of the Charitable and Religious purposes and the Trusts having both these objectives can also be registered under Section 11 or 12AA of the Act. Tribunal was justified in allowing the appeal filed by the Assessee and upholding the registration of the Trust under Section 12AA read with Section 80G of the Act. The appeal filed by the Revenue is devoid of any merits - Decided in favour of assessee. - Tax Case (Appeal) No.404 of 2012 - - - Dated:- 13-2-2020 - Hon'ble Dr. Justice Vineet Kothari And The Hon'ble Mr. Justice R. Suresh Kumar For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstances of the case, the Tribunal was right in holding that the assessee is entitled for registration u/s 12AA? 2) Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for approval u/s 80G? 3. Learned counsel at Bar on both sides submit fairly that the issue involved in this case is no longer res integra and has been decided by the Coordinate Bench of this Court in the case of Director of Income Tax (Exemptions) -Vs- Seervi Samaj Tambaram Trust , following the Supreme Court decision in the case of Commissioner of Income Tax -Vs- Upper Ganges Sugar Mills Ltd., reported in 227 ITR 578 and another case decided by the Honourable Supreme Court in State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal. Following the decision in the case of CIT Vs. Upper Ganges Sugar Mills Ltd., reported in 227 ITR 578 and in the case of State of Kerala Vs.MP.Shantiverma Jain reported in (1998) 231 ITR 787 (SC), the Tribunal allowed the appeal. Challenging the same, the Revenue filed an appeal before this Court contending that the Tribunal failed to appreciate the activities claimed to be carried on by the said assessee, which was an admixture of both religious and charitable in nature. Therefore, the Tribunal ought not to have interfered with the order of the Commissioner of Income Tax. The Division Bench of this Court, after taking into consideration the provision under Section 11(1)(a) of the Income Tax Act, which states that subject t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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