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2019 (4) TMI 876 - AT - Income TaxRegistration of society u/s 12AA - exemption u/s 11 - allegation that objects of society are mutually beneficial to the members of the society and are not charitable - after amendment of objects, allegation broadly remain the same - assessee also conducted an entrance examination for candidates seeking for admission of courses like MBBS, BDS etc. - charitable activity u/s 2(15) OR not? - approval u/s 80G - HELD THAT:- The objectives of the society are proximate to the promoting the dental and medical education as well as the welfare of the society at large and also to organize various camps, encourage research activities to hold periodical meetings and conferences etc. as discussed earlier. There is no personal benefit derived by any of the members of the Society and there is no profit motive involved in the activities of the society. The benefit is extended to all the colleges and the stake holders but not restricted to any particular community or religion. Hence, there is no reason to deny registration u/s 12A of the Act when the objects of the society demonstrates that the objects are related to the general public utility at large. The AO is having powers to deny the exemption u/s 11 in case the funds are not utilized for the specified purpose or in violation of the objects of the society. What is to be seen by the CIT(E ) at the time of registration is the objects of the Society. Application of income and denial of exemption u/s 11 is after application of the funds which is permitted by the AO in the assessment. As per the objects s of the society, the objects are charitable in nature and accordingly we direct the CIT(E) to grant registration u/s 12AA of the Act. - Decided in favour of assessee
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