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2010 (8) TMI 357 - AT - Income TaxCharitable purpose - education - Refusal to register under section 12AA(1)(b)(ii) - Held that: education per se is one of the charitable purpose has specifically defined in section 2(15) for the purpose of act. Under the present case, it is evident from the licence granted under section 25 of the Companies Act as well as perusal of the main objects of the company mentioned above that the company is perfectly constituted to advance charitable activity. It is amply clear that all the relevant conditions are fully satisfied in the case of the assessee in as much as the assessee has been constituted as a body corporate with the object of holding property and income derived therefrom under trust solely in pursuing educational activities, which is a charitable purpose. CIT in this case has failed to appreciable distinction between the primary objects and the enabling powers and ancillary activities to pursue the main objects. Thus the reasoning given by the CIT to deny registration to the assessee are not sustainable. Assessee is eligible of registration u/s 12AA and exemption u/s 80.
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