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2015 (9) TMI 1434 - ITAT CHANDIGARH

2015 (9) TMI 1434 - ITAT CHANDIGARH - TMI - Registration u/s 12AA rejected - Held that:- Application of the assessee for registration under section 12A of the Act has been rightly rejected by learned CIT. 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 of social/religious .....

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Even just for argument sake, under the present facts, if registration is granted, then every private colonizer will claim charity. See PUDA Versus CIT [2006 (6) TMI 141 - ITAT CHANDIGARH-B ] - Decided against assessee. - ITA No.628/Chd/2004 - Dated:- 10-9-2015 - SHRI H.L.KARWA, VICE PRESIDENT AND MS. RANO JAIN, ACCOUNTANT MEMBER For the Appellant : Shri A.K.Jindal & Ms.Rattan Kaur For the Respondent : Shri Sunil Verma, DR O R D E R PER RANO JAIN, A.M. : This appeal filed by the assessee is .....

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t 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 d .....

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aised as above are against the action of the learned Commissioner of Income Tax in rejecting the application of the assessee for grant of registration under section 12A(a) of the iia1, 1961 (in short the Act ). 4. During the course of hearing, the learned counsel for the assessee fairly conceded that the issue is squarely covered against the assessee by the order of the Chandigarh Bench of the ITAT in the case of Punjab Urban Planning & Development Authority Vs. CIT, reported in (2006) 103 T .....

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6. We have heard both the parties and 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 asses .....

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evelopment of forestry. The assessee- corporation was permitted under memorandum of association to engage in commercial activities and there was no restriction on application of money, the corporation was not held to be a charitable trust and consequently not entitled to exemption. Similar is the case in the present appeal of the assessee. During arguments, the learned counsel for the assessee invited our attention to the case of Maharashtra Housing & Area Development Authority wherein regis .....

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s trust, so not applicable to the present facts as the assessee is auctioning the plots on huge profits and even the Hon'ble Courts are intervening to enhance compensation on petitions filed by land owners. However, if the argument of the assessee is analysed on point of general public utility, 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 th .....

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