2015 (9) TMI 1434

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..... eserves to be cancelled. 2. That the Commissioner of Income Tax, Panchkula has erred by not condoning the delay for filing of application u/s 12A (a) of Income Tax Act in Form No. 10A of Income Tax Act. 3. That the Learned Commissioner of Income Tax, Panchkula has erred by not granting registration u/s 12AA of Income Tax Act, 1961. 4. That the Learned Commissioner of Income Tax has erred by treating the appellant, at par with private colonizers. 5. That the Learned Commissioner of Income Tax, Panchkula has erred by ignoring the fact that the appellant authority was enacted under the act for the purposes of dealing and satisfying the need for housing accommodation or for the purposes of planning and development or improvement of citi .....

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..... also perused the order in the case of PUDA (supra), as the aims and objects of PUDA are similar to the aims and objects of the assessee, the issue is squarely covered by the order of the Chandigarh Bench of the Tribunal. The relevant findings of the Tribunal are as under : "In view of these facts and judicial pronouncements, we are supposed to see the predominant object of the assessee. If all the objects and activities actually carried out by the assessee are analysed and kept in juxtaposition with the aforesaid judicial pronouncements, we are of the view that activities of the assessee are more of commercial nature with profit-oriented intent, so rid leniency should be shown to the assessee. The Department may also get support from the .....

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..... tility, still it can be said that commercial angle with profit motive is involved which has become predominant object of the assessee. Even if this issue is analysed as contended by the learned counsel for the assessee that application of income is not the criteria in the light of the decision of Hon'ble High Court of Allahabad in the case of Fifth Generation Education Society vs. CIT (1990) 87 CTR (All) 169 : (1990) 185 ITR 634 (All), still we are of the view that if the objects and real situation is analysed, the objects are not of charitable nature. Almost in every activity there is a scent of commercialization/profit motive but in the charitable institution no profit motive is involved and the service is done mainly with the intent .....

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