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2021 (9) TMI 1021 - AT - Income TaxExemption u/s 11 - registration u/s.12A denied - Proof of Charitable purpose of objectives and genuineness of the activities of the assessee society - main objection of the CIT (Exemption) was that the Joseph's registered society/school are two different entities and in view of the Rules and Regulation of the society that the whole emphasis was given to running the Joseph's School, so the application u/s. 12AA of the Act filed was procedural not correct rather the application must have been filed as per the provision of section 10(23C) (vi) - HELD THAT:- The provisions of section 11 and 10(23C) (vi) are two parallel regimes and operate independently and the assessee is entitled to avail the benefit under one of them which is more beneficial to it. The counsel has argued that the CIT(E) has himself state ostensible aims and objects of the society were to manage the existing school as Joseph's School, Dugri Road Opposite Bhagat Singh Nagar, Ludhiana. No adverse action would be required to be taken against the assessee, so far grant of registration u/s. 12AA of the Act is concerned. On the observation of different PAN, the counsel argued that the exact name of the Society was "Joseph's School, Management Society" and it is only at the time of making the PAN that part of the name was printed. Considering the name in the Income Tax Returns and the address are being same according to the same name as per PAN and therefore in our view, it would not be justified to conclude that the Society and the School are different entities. Mere mentioning of typing mistake in the name of society does not disentitle the assessee for getting registration u/s. 12AA of the Act. As held by various courts including by Hon'ble Supreme Court of India that at the time of registration of a society u/s. 12AA of the Act, the only requirement is that Ld. CIT(E) should be satisfied about the objects of society and the genuineness of activities of the society with respect to objects of the society. In the present case the Ld. CIT(E) has neither doubted the objects of the society which undoubtedly are charitable in nature and genuineness of activities of the society - Assessee is entitled to registration under section 12AA - Decided in favour of assessee.
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