Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 1046 - HC - Income TaxExemption u/s 11 - Withdrawal of registration u/s 12AA by the CIT - Whether the Tribunal is justified in holding that the activities of the KLE University are genuine and withdrawal of registration by the CIT was erroneous? - HELD THAT:- Our answer to the above point is in the affirmative for the following reasons: i. that the donations received by the KLE society cannot be construed as capitation fee for the admission of students by the KLE university; ii. that the revenue appears to have not properly appreciated the legal point that though the Chairman and few members of ‘the Society’ are the Chairman and members of ‘the KLE University’, they are separate legal entities; iii. that there is no violation of any of the conditions stipulated under the IT Act, warranting for cancellation of registration of the society; iv. that the Tribunal on proper appreciation of the grounds urged by the Society and the Revenue has rightly restored the registration. In view of the above, there is no merit in the contentions urged by the learned counsel for the Revenue and the decisions cited by him are of no avail.
|