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2021 (8) TMI 862 - ITAT AMRITSARExemption u/s 11 - rejecting assessee's application on Form no. 10A for registration u/s. 12A - since the assessee was claiming exemption from Income Tax u/s. 10(23C)(3)(iii)(ad) hence it had no locus standi to claim registration u/s. 12A - HELD THAT:- CIT has been wrong in holding that since the assessee was claiming exemption from Income Tax u/s. 10(23C)(3)(iii)(ad) hence it had no locus standi to claim registration u/s. 12A. It is the right of the assessee to avail either of the benefit of exemptions u/s. 10 (23c) or 12AA of the act available to it, however the assessee has to fulfilled the conditioned prescribed for availing such benefits. As noted the material fact as mentioned by the CIT that One of the objectives of the applicant society was that Special attention has been given upon character building of the students, to prepare the students for various examination conducted by various education departments which includes any educational institution, college, university, board, academy and any other institution, Government or Private, national or international, educational or any other field. It is worthy mention here that whether the object of the assessee society to prepare the students for various examination conducted by various education departments that includes any educational institution, college, university, board, academy and any other institution, Government or Private, national or international, educational contemplates to running coaching institute on commercial pattern for profit emotive needs to be examined. We deem it fit to restore the matter back to the file of the CIT(Exemption) to examine the objects and activities of the assessee society afresh for the issue of grant of registration u/s. 12AA of the act, afresh, as per amended provisions of law, after taking into consideration the material evidence and after affording sufficient opportunity of being heard to the assessee trust. Assessee appeal is treated allowed for statistical purposes.
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