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2013 (8) TMI 321 - AT - Income TaxRegistration u/s 12A - benefits of the research of the assessee's society was made available to the other two societies without any amounts being charged from them - Held that:- the benefit of the judgement of the Hon'ble High Court DIRECTOR OF INCOME TAX Versus SOCIETY FOR DEVELOPMENT ALTERNATIVES [2012 (1) TMI 77 - DELHI HIGH COURT] was not available to the DIT(E) considering the consequent contradictions in the orders passed by the DIT(E) and assessment order namely non-maintenance of separate books of accounts which issue has traveled to the higher forums needs to be taken into consideration. The Hon'ble High Court has considered the issue of offering funds of Rs. 12,00,000/- as collateral security and also the fact that the grants were not voluntary contribution as per section 12 of the Act and were tied up grants monitored by the funding agencies. However, it is also seen that the detailed findings that the benefits of the research of the assessee's society was made available to the other two societies without any amounts being charged from them and those societies were as such allowed to commercially exploit, the same have not been discussed or considered in the order of the Tribunal nor the judgement of the Hon'ble High Court since facts need to be re-considered and reconciled with the finding in the light of the judgement of the Hon'ble High Court in assessee's own case. - Matter remanded back.
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