Home Case Index All Cases Income Tax Income Tax + SCH Income Tax - 2022 (10) TMI SCH This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 614 - SCH - Income TaxExemption u/s 11 - entitled for registration u/s 12AA - Charitable activity u/s 2(15) - Denial of registration as charitable trust under Section-12AA (1)(B) - no charitable activity had in fact taken place since the society was a newly established one - HELD THAT:- In view of the judgment of this Court in ‘Ananda Social And Educational Trust v. Commissioner of Income Tax and Another’ [2020 (2) TMI 1293 - SUPREME COURT] which judgment has approved the view taken by the Delhi High Court in ‘Director of Income Tax v. Foundation of Ophthalmic & Optometry Research Education Centre’ [2012 (8) TMI 777 - DELHI HIGH COURT] the question of law raised in these matters has to be answered against the Revenue and in favour of the assessee. Accordingly, the appeals and the special leave petitions are dismissed. However, dismissal of these cases would not bar the Assessing Officer from cancelling the registration in case he finds that the ‘charitable activity’ was not undertaken, set up or established by the assessee.
|