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2021 (10) TMI 297 - AT - Income TaxExemption u/s.11 - Charitable activity u/s 2(15) - allegation of Violation of trust objects - As per AO trust objects are charitable in nature, it cannot be held that its activities are carried out in accordance with is objects and are genuine, even though it has violated Prohibition of Capitation Fee Act (Government of Maharashtra) 1987 by accepting donation from its own students in the name of building fund, which is not only illegal but also violative of the trust's object of providing education and aid to the poor and deserving students - CIT-A allowed the deduction - HELD THAT:- DR could not convert the observations of the CIT(A) with new cogent evidence or information. Further the Ld.DR has fairly accepted the Honble Tribunal decision of set aside of the order of the Pr. CIT(Exemptions) and restoring registration u/s 12A of the Act in [2019 (7) TMI 1868 - ITAT MUMBAI] When the assessment was framed by issue of notice u/s 148 of the Act, this order of the Hon’ble Tribunal was not available with the A.O and therefore A.O has denied the exemption considering the cancellation of registration by the Pr. CIT(Exemptions). Accordingly we find that the assessee trust was restored with the registration u/s 12A of the Act by the Hon’ble Tribunal and the decision was duly considered by the CIT(A) and directed the A.O to grant exemption u/s 11 of the Act. We are of the opinion that the CIT(A) has passed a reasoned and logical order considering the facts, circumstances, provisions of law and the decision of the Hon’ble Tribunal. - Decided against revenue.
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