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TMI Blog2017 (11) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... following substantial questions of law:- I. Whether on the facts and in the circumstances of the case, the order of the ITAT is not perverse in dismissing the miscellaneous application on the ground that the revenue has not pointed out any mistake in the order whereas it was clearly pointed out that the CIT had declined grant of registration as the applicant had not been able to prove genuineness of its activities. The applicant did not furnish documentary evidence in support of unsecured loan a fact overlooked by the ITAT while directing to grant registration? II. Whether on the facts and in the circumstances of the case, the ITAT is justified in declining the prayer of the revenue to recall its order passed in ITA No. 6251/Del/2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de order dated 24.9.2013 (Annexure A-1) rejected the application of the assessee for registration under Section 12AA of the Act primarily on the ground that the assessee had failed to produce material to establish the authenticity of the unsecured loan received by it. On the aforesaid premises, it was concluded that the assessee had been charging hefty fees and was not established for charitable purpose and the activities were also not genuine. In appeal, the Tribunal vide order dated 20.5.2015 (Annexure A-2) while allowing the appeal directed the CIT to grant registration to the assessee under Section 12AA of the Act. The Tribunal vide order dated 20.5.2015 after examining the factual matrix and the case law on the subject had categoricall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal. 6. However, inspite of the same, the revenue moved an miscellaneous application before the Tribunal for recalling the order, Annexure A-2. The Tribunal had noticed that by moving the MA, the revenue had tried to review the order which was not permissible under Section 254 of the Act. Further, vide order dated 20.5.2015, the Tribunal had clearly held that the Assessing Officer would be entitled to examine the books of account of the assessee during assessment proceedings and if anything adverse was found, the Assessing Officer can disallow exemption under Section 11 of the Act. The Tribunal had rightly held that the revenue has failed to point out any mistake apparent on the face of the record and rectifiable under Section 254(2) of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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