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TMI Blog2014 (7) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... - No action was taken by the A.O. u/s 12-AA(3) 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 exemption under Section 11 is not automatic and the assessee shall have to meet out the requirements of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Satish Chandra, JJ. Counsel for Appellant : A.N. Mahajan (S.C.) Counsel for Respondent : None. 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, which was established by the founders of the Society namely, Pandit Madan Mohan Malviya Mahatma Gandhi, Dr. Rajendra Prasad an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Shambhu Chopra, the learned counsel for the Department-appellant and Shri Rakesh Ranjan Agarwal, the learned Senior Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 CIT Vs. Gujarat Maritime Board, 295 ITR 561 SC, as well as C.M.S. Vs. Union of India, 315 ITR 48 Allahabad, we find no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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