Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (5) TMI 1264 - ANDHRA PRADESH HIGH COURT

2016 (5) TMI 1264 - ANDHRA PRADESH HIGH COURT - TMI - Registration under Section 12AA cancelled - existence of Charitable purpose - Held that:- Charitable purpose, under Section 2(15) of the Act, is defined to include education. The order of the D.I.T.(E) records that the Society has been sponsoring diploma course in banking sections with the Osmania University and full-fledged post-graduate course-M.Tech. (Information Technology) with specialisation in banking technology and information securit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 RESPONDENT : VASANTKUMAR JUDGMENT: (per Hon ble Sri Justice Ramesh Ranganathan) This appeal, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lied for registration as a charitable institution under Section 12AA of the Act on 03.03.1997; the D.I.T.(E) had granted registration only with effect from 01.04.2004; on the said order of the D.I.T.(E) being challenged, the I.T.A.T. had directed the department to grant registration to the assessee with effect from 01.04.1997; from the order passed by the D.I.T.(E) they failed to find any specific instances on the basis of which it could be said that the assessee was not genuine, and its activit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y if the assessee is carrying on charitable activities, would they be entitled for exemption under Section 12AA of the Act; educational institutions are mostly carrying on business on commercial lines solely with the intention to make profits; it is with a view to prevent abuse of the provisions of the Act by these institutions, was Section 2(15) substituted by the Finance Act, 2008 with effect from 01.04.2009, and provisos were inserted thereto; and the Tribunal has erred in interfering with th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rve Bank of India and other Central Government institutions; its chairman is the Chairman of the Reserve Bank of India; the objects 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 or .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

by them was mainly focused on the description of the activity, and the benefit for the banking institutions in their daily business, but not with regard to the charitable purpose as envisaged in Section 2(15) of the Act; the respondent-assessee has been sponsoring a diploma course in Osmania University in Banking sections related to education and mainly providing service, with cost, to various banks under the control of the Reserve Bank of India; it had also collaboration with (a) University of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version