Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 459 - HC - Income TaxExemption u/s 11 - Registration u/s 12AA seeked in course of conducting its activities under the objects has suffered survey and, search and seizure of its honorary secretary - receipts from Board of Control for Cricket in India (BCCI) were shown as corpus fund instead of treating them as revenue receipts - CIT(E) refused to grant registration mainly on the ground that funds of the assessee were diverted for personal benefits of the executives of the society, in violation of provisions of section 13 (1)(c) - HELD THAT:- We have given our anxious consideration to contentions put forth at the Bar. Assessment years under consideration are 1997-98 and 2011-12. The rejection appears to have been made in respect of these two assessment years. In this context, we have perused Tamil Nadu Cricket Association [2013 (12) TMI 833 - MADRAS HIGH COURT] - We find that by clause (b) under sub-section (1) of section 12AA the Commissioner requires satisfaction about objects of the trust or institution and the genuineness of its activities. In considering the application for purpose of the satisfaction, the Commissioner had taken into consideration the facts regarding survey, search and seizure, respectively of the assessee’s premises as well as its honorary secretary. We admit the appeal on the following question of law to be answered. Where an assessee seeking registration under section 12AA in course of conducting its activities under the objects has suffered survey and, search and seizure of its honorary secretary and there has been violation of provisions in section 13(1)(c), can the facts be considered for the purpose of satisfaction on the application for grant of registration? List on 13th July, 2023, for hearing of the appeal on the papers already on record.
|