TMI Blog2014 (8) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... since the Tribunal had already ordered the grant of registration under Section 12AA, an exemption u/s 80G should be allowed - there is a basic fallacy in the judgement of the Tribunal which proceeded on the basis that the only reason for refusing exemption u/s 80G was the refusal of the registration u/s 12AA - Since this premise is erroneous, the matter is to be remitted back to the Tribunal for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irecting the authorities to allow 80 G exemption application solely on the ground that registration under section 12AA has already been granted without appreciating that 12AA and 80G operate under different fields. C. Whether the ITAT erred in law in ignoring the language of Rule 12AA read with the language of section 80G read with the language of section 2(15). The assessee has been served ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verted to to the fact that registration had been refused under Section 12AA. Finally while concluding he held as follows. From above discussion, it is very well established that the Trust has not carried out any charitable activity and not engaged in any of the activities which are in consonance with the objects of the trust and in accordance with the relevant provisions of the statute and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consonance with the objects of the Trust or the provisions of the statute; and (ii) that the registration under Section 12AA had been refused, weighed with the Commissioner of Income Tax. The Tribunal in its impugned judgment has proceeded on the basis that the sole reason for refusing an exemption under Section 80G was the denial of the registration under Section 12AA and since the Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
