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2018 (3) TMI 154 - HC - Income TaxGrant registration u/s 12AA - denial of grant on ground that Assessee has consistently had surplus income thus cease to be an educational Institution - Tribunal held the assessee as an educational institution - Held that:- The impugned order of the Tribunal records the fact that it is an undisputed position that the Respondent-Institution had education as its stated object and did carry out the same. The generation of surplus is not the test which by itself will disallow Registration under Section 12AA. The only quantifications to be considered for Registration under Section 12AA, is the objects of the trusts/ institution and its genuineness. Once the two conditions are satisfied, no occasion to refuse Registration under Section 12(AA) can arise. It further held that the question of available surplus, if any, and the manner of its user is an issue which would arise during assessment proceedings while considering the applicability of Section 11 of the Act. No substantial question of law.- Decided in favour of assessee.
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