TMI Blog2012 (10) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... basic and clinical research opportunities, and other health care-related delivery opportunities at the University of Rochester and the University of Rochester Medical Center for Indian students, researchers, and faculty members of key Indian academic and clinical institutions. It is stated that in pursuance of aforesaid objective, assessee has carried out the following activities i.e. to collect, process and analysis the information regarding education provided by various medical colleges in India and research work carried out by them in India. Assessee filed an application in Form No.10A on 21.9.2010 for registration under section 12A of the Act. The DIT (Exemption) rejected the registration under section 12A of the Act on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 12A is not justified. 4. On the other hand, ld D.R. relied on order of DIT(Exemptions). 5. We have considered submissions of ld representatives of parties and order of DIT (Exemption). 6. There is no dispute to the fact that assessee has been registered under section 25 of the Companies Act. Assessee has made an application for registration in the prescribed form and in the prescribed manner for grant of registration under section 12A of the Act. There is no dispute to the fact that under section 12AA of the Act, the Commissioner, on receipt of an application for registration of a trust or institution made u/s 12A, shall call for such documents or information from the trust or institution as he thinks necessary in or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion shall enjoy all the privileges, and (subject to the provision of sec. 25 of the Companies Act) be subject to all the obligations, of limited companies. In the present case, it is not in dispute that the Central Government has directed that the assessee association is to be registered as a company with limited liability. It is thus proved that this association has been formed as a limited company for promoting commerce, art, science, religion, charity or any other useful objects and it intended to apply its profit if any, or other income, in promoting the aforesaid objects. Assessee is also prohibited from making payment of any dividend to its members. Therefore, prima facie, assessee association registered as a limited company under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Endowment Trust (supra) and also decision of Hon ble Allahabad High Court in the case of Fifth Generation Education Society (supra), we hold that refusal of registration u/s.12A of the Act by DIT (Exemption) is not justified. Therefore, we direct that the assessee be registered under section 12A of the Act because merely by registration u/s.12A of the Act, assessee does not become entitle to get exemption u/s.11 and 12 of the Act. Moreover, if the assessee does not carry out activities as per its object clause or the activities are not genuine and charitable in nature, section itself provides that DIT can cancel registration after due opportunity of hearing to the assessee. Hence, in the facts of the case, we direct the DIT (Exemption) to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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