TMI Blog2006 (8) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 12AA of the IT Act, 1961 on22nd July, 2002, in which registration was refused to the assessee-society. Before him, it was inter alia pointed out that the assessee is a society registered under the Societies Registration Act, and it is establishingShavakNationalSchool, which will be 10+2 standard school to cater to the needs of people in Noida and Greater Noida. The school will provide good edu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e society is not pursuing any charitable object. 2.1 Before us, the learned counsel of the assessee drew our attention towards object cl. 4 of the amended memorandum of the society. The main object is to advance, promote and disseminate amongst the students the study of education of all kinds of subjects including literary, commercial and religious subject. The other objects are ancillary in nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r profit. 2.2 As against the aforesaid, the learned Departmental Representative pointed out that main object of the society was to impart education. In view thereof, there was need for it to seek registration under the IT Act, as its income was exempt under s. 10(23C). 3. We have considered the facts of the case and rival submissions. Sec. 2(15) defines the term 'charitable purpose' in an incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also not referred to any material to show that the activities are not genuine. It is no doubt true that income of the society can also be exempted under s. 10(23C), but when two recourses are available to a person under the law, it is for him to choose one, the other or both the recourses. The assessee applied for its registration, to which it was entitled. We are of the view that under the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
