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2017 (11) TMI 1014 - HC - Income TaxApplication of the assessee u/s 12AA grant of registration - Rejection of registration holding that the aims and objects of the assessee were not charitable in nature - fees charged by the assessee from the students had been used for the purposes other than running the educational institution - Held that:- Nothing had been placed by the Revenue to show that the fees charged by the assessee from the students had been used for the purposes other than running the educational institution managed by the assessee-trust. There is nothing on record to suggest that the objects and activities of the assessee-trust are not of charitable character. Further, the Assessing Officer while passing the assessment order under section 143(3) of the Act for the assessment year 2012-13 had accepted the income of the assessee at nil as returned by the assessee. Therefore, the income derived by the assessee by way of fees from the students was applied for the aims and objects of the trust. The Commissioner of Income- tax had not found that the activities carried out by the assessee were not in consonance with its objects. Still further, in the enquiry report submitted by the Assessing Officer, nothing was mentioned as to on what basis he did not recommend for registration to the assessee. The Tribunal had rightly held that the trust was eligible for registration and directed the Commissioner of Income-tax to grant registration to the assessee - Decided in favour of assessee.
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