9911796707
Advanced Search 
TMI Blog2012 (5) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.3.2009. The Institution was established by State Government in accordance with the provisions of Rajasthan Housing Board Act, 1970 with the principle objective of providing Housing accommodation to the public at large in the State of Rajasthan. Powers and duties of the Institution are described in section 26 of Chapter-III of R.H.B. Act. Various objects of the company have been mentioned in the order of CIT at page 2 of his order. After going through the objects, the Ld. CIT noted that all these objectives are covered under the last limb of section 2(15) of the Act, i.e. advancement of any other objects of general public utility. The CIT further observed that the institution was granted registration on account of carrying out the work for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he held that the assessee is not a charitable Institution within the meaning of section 2(15) of the Act and, therefore, he withdrew the registration granted u/s 12AA w.e.f. assessment year 2009-10 onwards. Detailed submissions were filed on behalf of the assessee. It was argued that the registration once granted can be withdrawn in view of the sub section (3) of section 12AA of the Act. Sub Section (3) of section 12AA was also read by Ld. AR. It was further submitted that provision of section 2(15) of the Act have no link with registration u/s 12AA but a direct link of exemption u/s 11 of the Act if receipts of the Institution exceed Rs. 10 lakhs than in that case only exemption u/s 11 may not be allowed in that particular year in which ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonable opportunity of being heard." 5. The amended provisions of section 2(15) is as under:- "2. Definitions - (15) "Charitable purpose: - includes relief of poor, education medical relief [preservation of environment (including watershed, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest] and the advancement of any other objects of general public utility." 6. By the amended provisions of Finance Act, 2010 with retrospective effect 01.4.2009, it has been provided in section 2(15) as under:- "Provided further that the proviso shall not apply if the aggregate value of the receipts from the activities referred to therein is ten lakhs rupees or less in the previous year." 7. Vide Fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tailed order has held that the registration cancelled by DIT(E) on the basis of amended provisions of section 2(15) of the Act was not justified as amended provisions does not fall within the permissible limit of section 12AA(3) of the Act and accordingly the order of DIT(E) was considered bad in law and the appeal of the Institution was allowed. 11. In the case of Cane Development Council, Mawana v. CIT (supra) similar view has been expressed by Delhi Bench of the Tribunal. It has been held that objectives of the institution does not fall under the provisions of section 2(15) and therefore, the assessee was entitled to registration u/s 12AA of the Act. In view of the discussion of ours and in view of the decision of Tribunal, we are of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
