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2017 (3) TMI 522 - AT - Income TaxRejection of application U/S 12-A - Held that:- The appellant is an autonomous society under the administrative control of the office of the development Commissioner, Ministry of micro small and medium enterprises, government of India. The annual accounts and the annual report of the Centre are approved by the governing Council adopted by the society in its annual general meeting. In view of this respectfully following the decision in case of Orissa trust of technical education and training vs CIT (2012 (8) TMI 645 - ORISSA HIGH COURT ) wherein held that amount received from horticultural had been utilised in educational activities of the institution and for infrastructure development. Therefore, it could not be treated that the profit was on for non-educational activities. We do not find any plausible reason why assessee should be deprived of registration under section 12 AA of the income tax act from availing such benefit when if in any of the year the assessee is found to have violated the provisions of section 11, 12 and 13 of the income tax act, such registration cane be withdrawn. Further, if similar institutions established by central government in other states having similar objects have been granted registration under section 12 AA of the income tax act as stated by the Ld. authorized representative and submitted the respective such registration certificate, We are also of the view that there is no reason to single out the assessee for not granting such registration. Therefore we set aside the impugned order of Ld. CIT, Meerut and remit the issue back to him to verify the above facts and if it is found that the institutions in other places having similar objects have been granted registration under section 12 AA he may consider granting registration under this act to the assessee under the respective section applied for. That the assessee may be granted reasonable of Portugal due being heard and to adduce any further evidence which it would like to place before him. In the result appeal of the assessee is allowed for statistical purposes.
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