INCOME TAX ACT, 1961

Section 11

Charitable trust - Exemption under section 11 - Entitlement to registration under section 12AA -

The facts necessary for adjudication of instant appeal were that assessee moved an application before Revenue seeking registration under section 12AA which was rejected for the reason that assessee had failed to produce the details and evidence regarding the nature and genuineness of its activities. Tribunal order herein, allowed the appeal and directed Revenue to grant registration under section 12AA. Held: There was material before Tribunal to hold entitlement of assessee to grant of registration under section 12AA. There was no dispute that assessee was registered under the Societies Act and was engaged in imparting education, which was undoubtedly a charitable activity. It was not the case of Revenue that the previous order of AO whereby on being satisfied with the aims and objects of assessee the returned income of the assessee was accepted under section 143(3) was illegal in any manner. Once assessee was found to be entitled to grant of registration under section 12AA, Tribunal had not committed any error in directing the CIT to grant registration.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :

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