9911796707
TMI Blog2014 (7) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Societies are the general public utility as defined under Section 2(15) of the Act. No action was taken by the A.O. under Section 12-AA(3) of the Act, before denied the benefit, but directly disallowed the exemption/benefit under Section 11 of the Act. From the order of the CIT (A), it appears that there is no instance of misuse of the funds by the trustees of the Society. The grant of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Appeal No. 341 of 2010 - - - Dated:- 25-7-2014 - Hon'ble Tarun Agarwala And Hon'ble Dr. Satish Chandra, JJ. Counsel for Appellant : A.N. Mahajan (S.C.), S. Chopra. Counsel for Respondent : Shakeel Ahmad. ORDER The brief facts of the case are that the assessee-respondent is a society created on 1.5.1910 and registered under the Societies Registration Act, 1860, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, for the assessment year under consideration, the A.O. has declined to extend the benefit of Section 11 of Income Tax Act, though the Society is registered under Section 12A of the Act. Finally the A.O. made various additions, which were deleted by the CIT (A) as well as by the Tribunal. Being not satisfied, the Department has filed the present appeals. With this background we heard Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 11 is not automatic and the assessee shall have to meet out the requirements of Section 11 of the Act. Once, the registration is granted to the assessee under Section 12-A, then the A.O. cannot pass a contrary order without following the provisions of Section 12AA(3), but the same was not done in the instant case. When it is so, then by keeping mind the ratio laid down in the case of C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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