Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (4) TMI 78 - AT - Income TaxCharitable Institution - Trust registered u/s 12A engaged in conducting coaching classes for open university/distance education – dis-allowance of exemption u/s 11 by A.O. - CIT(A) set aside dis-allowance on the ground that the assessee is entitled for exemption u/s 10(23C)(iiiad) – Held that:- Mere conducting of classes for open university/distance education cannot be construed as charitable activity within the meaning of section 2(15) of the Act. See Sole Trustee, Loka Shikshana Trust vs CIT (1975 - TMI - 6453 - Supreme Court), Bihar Institute of Mining And Mine Surveying v. CIT (1993 - TMI - 20160 - Patna High Court) Furthermore, when no approval was granted u/s 10(23C), CIT was not justified in holding that assessee is a charitable institution and eligible for exemption u/s 10(23C)(iiiad) – Order of CIT(A) is set aside. Also, cancellation/rejection of registration u/s 12A and completion of assessment under 'AOP' by the A.O. is without jurisdiction. Hence, it is open to the Commissioner to consider the case of the assessee and pass necessary order u/s 12AA(3). - Decided in favor of Revenue.
|