TMI Blog2017 (9) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... IT Act, the Tribunal found that the same observations have been made. Rather, the Commissioner relied upon the cancellation of registration under Section 12A of the IT Act. The Tribunal concluded that once it has assigned cogent and satisfactory reasons for restoring registration under Section 12A, there was no justification for not renewing approval under Section 80G(5) Clause (vi) of the IT Act. These are all factual findings and based on materials on record. We do not think that the appreciation and appraisal of the factual materials by the Tribunal is perverse or vitiated by any error of law apparent on the face on record. - Decided in favour of assessee. - Income Tax Appeal No. 59 of 2015 - - - Dated:- 11-9-2017 - S. C. Dhar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income Tax, Pune on 24th September, 2009. A Writ Petition was filed in this Court challenging the said order. However, that Writ Petition was allowed on a technical ground. The Commissioner has rightly concluded that the assessee is not eligible for the renewal as also for claiming exemption in respect of its income. The provisions of Sections 11 and 12 or clause (23AA) or clause (23C) of Section 10 are not attracted to this case. The registration under Section 12A was already cancelled on 17th September, 2010. It is in these circumstances and all the more, when Clause (i) of Subsection (5) of Section 80G not being satisfied that the Tribunal should have upheld the order. 7. Mr. Tejveer Singh would rely on certain sums and don ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no merit in this finding of the Commissioner. The assessee pointed out that as against 70 management quota seats in the educational institutions, the assessee collected donation from nine students. The sum of the donation is within the prescribed limit and the Government of Maharashtra has not at all prohibited the receipt of the same. In paragraphs 8.3 and 8.4 of the order of the Tribunal, the details of such students and donations collected from them have been referred. Then, the other objection of the Commissioner was that the assessee is accumulating huge surplus year after year. However, the Tribunal found that this surplus is within the permissible limit of 15% and how that is worked out is apparent from paragraph 8.5 of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
