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2012 (7) TMI 1005 - ITAT AHMEDABAD

2012 (7) TMI 1005 - ITAT AHMEDABAD - TMI - I.T.A. No. 1656/Ahd/2009 - Dated:- 6-7-2012 - SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER Appellant by: Shri Sunil H Talati, AR, Respondent by: Shri O P Batheja, Sr. DR O R D E R PER SHRI A. K. GARODIA, AM:- This is assessee s appeal directed against the order of CIT-III, Baroda dated 31.03.2009 passed by him u/s 12AA of the Income tax Act, 1961. The grounds raised by the assessee are as under: The assessee being aggrieved .....

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t the applicant satisfies all the conditions for grant of registration u/s. 12AAof the Income Tax Act, 1961. 2. The learned C.I.T. erred in not appreciating the submission made by the applicant and to the objects of the applicant company. It be so held now that the activities and objects of the company were charitable in nature and applicant is entitled to registration u/s. 12AA of the Income Tax Act, 1961. The order of C.I.T. refusing the application be cancelled and the registration be directe .....

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Nandesari Water & Utilities Ltd., Barda Vs CIT II, in I.T.A.No. 2506/Ahd/2008 dated 12.12.2008. He submitted a copy of this tribunal decision which is available on pages 12-13 of the paper book. At this juncture, it was asked by the bench that since order of Ld CIT is of a later date i.e. dated 31.03.2009, whether this tribunal decision was cited before CIT or not. In reply, it was submitted by the Ld. A.R. that the same could not be cited before him and hence, the matter may be restored ba .....

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