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2019 (11) TMI 805 - AT - Income TaxExemption u/s 11 - application of the assessee for registration u/s 12AA of the trust as well as approval under section 80G - HELD THAT:- All the activities of change of land use (CLU), construction of the building, getting franchisee of established organisation, obtaining secured and unsecured loan etc. are in furtherance of the object of providing education by way of running the schools. The information regarding PAN, details of unsecured loan provider etc can be obtained, and same cannot be ground for holding that the activity is not transparent. Similarly the activities cannot be held as non-transparent due to giving personal guarantee by the trustees for getting secured loan. Similarly, projection of quality of education not clear or method of recruitment of teachers or their qualifications etc not clear, can not be basis for holding the activities as non genuine. Nowhere CIT(E), has brought on record any non-genuine activity carried by the assessee. If any further information was required in the case, he could have carried further enquiries but rejection of registration on presumption is not justified. CIT(E) has not examined the activities of the assessee in the right perspective. As the assessee has filed additional evidence before us including the affiliation granted by the central board of education, we feel it appropriate to set aside the order of the Ld. CIT(E) and restore the matter back for deciding the application of registration under section 12AA of the Act as well as the application for approval under section 80G of the Act afresh, in accordance with law. The assessee shall be afforded adequate opportunity of being heard. -Appeals of the assessee are accordingly allowed for statistical purposes.
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