TMI Blog2016 (5) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... Merely because education is provided at cost does not result in the Society ceasing to carry on its activities for a charitable purpose. There is no material on record, nor has any finding been recorded by the D.I.T (E) referring to particular instances, to hold that the respondent-assessee was carrying on its educational activities with a profit motive or on commercial lines. The Tribunal has rightly held that the reasons assigned by the D.I.T.(E), in cancelling registration of the respondent-assessee, was vague and without reference to any particular instance. - I.T.T.A.No.168 of 2015 - - - Dated:- 4-11-2015 - SRI RAMESH RANGANATHAN AND SRI M.SATYANARAYANA MURTHY, JJ. FOR THE PETITIONER : PRASAD (SC FOR INCOME TAX) FOR THE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w struck at the very root by cancelling registration under Section 12AA of the Act; after going through the order of the D.I.T.(E), they found that the reasons furnished in the order are the same on which the assessee was denied exemption under Section 11 of the Act for the assessment years 2006-07 and 2007-08 wherein the C.I.T. (A) had held that the assessee was entitled for exemption under Section 11 of the Act; the revenue s appeal was dismissed by the order of the I.T.A.T wherein it was held that the assessee was entitled for exemption under Section 11 of the Act; and when there is no material change in the object of the assessee, and there is no specific allegation regarding the genuineness of the institution or the fact that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts of the respondent-society is to promote the study of, and disseminate know-how on, Information Technology, to conduct research in the area of Information Technology with respect to the banking and financial sectors etc; and the Tribunal was justified in its conclusion that registration of the respondent-Society was cancelled only as a counter-blast to the earlier order of the Tribunal granting them registration retrospectively from the year 1997 onwards. The order of the D.I.T.(E) dated 30.11.2011, cancelling the registration granted earlier in favour of the respondent-assessee, records that the respondent is carrying on research and development in academic courses and technology for the common man; in order to compete with service p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons with the Osmania University and full-fledged post-graduate course-M.Tech. (Information Technology) with specialisation in banking technology and information security with costs with the University of Hyderabad. Sponsoring educational courses would fall within the ambit of education as defined under Section 2(15) of the Act. Merely because education is provided at cost does not result in the Society ceasing to carry on its activities for a charitable purpose. There is no material on record, nor has any finding been recorded by the D.I.T (E) referring to particular instances, to hold that the respondent-assessee was carrying on its educational activities with a profit motive or on commercial lines. The Tribunal has rightly held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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