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2018 (8) TMI 1257 - AT - Income TaxRejection of registration u/s. 12AA - educational institution - CIT(E) observed that the assessee was filing return in ITR-5 instead of ITR-7 and losses were being carried forward as per section 72 and the Society started profit from assessment year 2014-15 and 2015-16. Thereafter, he applied registration u/s. 12AA. - Held that:- CIT(E) has rejected the registration application without complete examination of the activities of the assessee society as per section 12AA of the Act. While going through the audit report submitted by the Chartered Accountant in Form No. 3CD for assessment years 2013-14, 2014-15 and 2015-16, we find that the assessee-society is running computer training/educational and coaching Institutes. We also noted from the income and expenditure account that the society has received discount in all the three years. Matter remanded back to CIT(E) to examine the activities of the assessee de novo as per provisions of section 12AA r.w.s. 2(15) to ascertain whether the activities of the assessee society are within the objects of the society and whether the activities carried out by the assessee are charitable in nature or not. - Decided in favor of assessee.
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