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Sri Gomandir Seva Trust Versus Commissioner of Income-tax - 2013 (9) TMI 121 - ITAT CUTTACK - Income Tax

......... been carried out which again has been considered by the learned Commissioner of Income-tax being bent of business activities remains undisputed in so far as maintenance of plant and machineries is allowed to a business entity in the form of depreciation which is a charge on the profit and loss account and not for the purpose of computing excess of income over expenditure. In that view of the matter, we are of the considered view that even the learned Departmental representative has not been able to establish that a violation of section 11, which was not the issue for consideration by the learned Commissioner of Income-tax for granting registration under section 12AA has been made. We therefore set aside the impugned order of the learned Commissioner of Income-tax by allowing the appeal of the assessee and direct the learned Commissioner of Income-tax to grant registration under section 12AA as applied for by the assessee. In the result, the appeal of the assessee is allowed.


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