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2017 (4) TMI 608 - ITAT VISAKHAPATNAMGrant of registration under section 12AA denied - genuine educational society - non-furnishing of agreement between Heralds of Good News and the assessee - Held that:- As gone through the objects of the assessee-society and find that assessee-society mainly existed to carry the educational activities, particularly in rural under developed area. The Heralds of Good News society is running educational institutions at Yernagudem, by resolution dated 05/04/2009, three schools namely, St.Joseph E.M. Private School, St. Joseph E.M. Elementary School & St. Joseph E.M. High School have been transferred to the assessee-society i.e. M/s. St.Paul Province Society, Yernagudem, West Godavari District. The assessee has filed assessment order of Heralds of Good News wherein it is declared NIL income by claiming exemption. It is clear from the assessment order that Heralds of Good News school enjoying registration under section 12A of the Act. The Assessing Officer has clearly mentioned in the assessment order that the society is registered under section 12AA in the Assessment Year 2006-07. The assessee also filed income tax returns of the Heralds of Good News educational society, income & expenditure and also receipts upto 31/03/2010. The assessee also filed its details of opening balance, receipts, payments and balance in school during the year 2011-12 and also filed balance sheet before the Commissioner of Income Tax. CIT-A is of the opinion that the assessee-society is not a genuine society. The order passed by the CIT is without looking into the objects of the society and without any basis. The CIT is not able to point out what is the violation committed by the assessee-society and how the society is not eligible for grant of registration under section 12AA of the Act. Therefore the assessee is eligible for registration under section 12AA. - Decided in favour of assessee.
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