9911796707
TMI Blog2011 (6) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 12(A) of the IT Act is not sustainable in the eyes of law particularly when the learned Commissioner has found out that the Appellant is a genuine charitable institution and is carried out its activities in accordance with the object of the society as such the learned Commissioner has usurped its jurisdiction while revoking the registration granted in favour of the Assessee. 2. For that the learned Commissioner while passing the impugned order has evidently misdirected itself in construing the amendment of Section 2(15) came into force with effect from 1.4.2009 particularly the proviso which elaborates the phrase general public utility and applied the same in the instant case of the Appellant when the Appellant is carrying out o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of hearing of the case. 3. Both the parties were heard regarding the issues raised by the Assessee and their legal implications. 4. During the course of hearing, the learned AR of the Assessee vehemently argued that undisputedly the Assessee was granted registration Under Section 12A of the I.T. Act w.e.f. 19.11.2004. The Assessee-Society is a charitable organization registered under the Society Registration Act, 1860 w.e.f. 9.4.1990. The Assessee is carrying out the activities to provide education to poor, training for skill development in the rural area, provide micro finance to self help group and poor people and many other objects which are charitable in nature. The CIT issued show cause notice to the Assessee proposing to withdraw t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has considered the issue at length in the light of the decisions of Hon'ble Karnataka High Court in the case of Sanjeevamma Hanuman the Gowda Charitable Trust v. DIT (285 ITR 327) and the decision of ITAT, Bangalore Bench in the case of Asst. DIT (Exemption) v. Bharatha Swamukhi Samsthe, reported in (2009) 28 DTR 0113 and ITAT, Delhi Bench in the case of Disha India Micro Credit v. CIT in ITA No. 1374/Del/2010 dt. 28.1.2011 and the decision of Hon'ble Apex Court rendered in the case of Sanjeevamma Hanumanthe Gowda Charitable Trust v. DIT (285 ITR 327), has come to the conclusion that simply because the Assessee trust is carrying on financial activities and as a result gains some financial advantage which was helpful in creating fun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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