TMI Blog2018 (8) TMI 1257X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee-society is running computer training/educational and coaching Institutes. We also noted from the income and expenditure account that the society has received discount in all the three years. Matter remanded back to CIT(E) to examine the activities of the assessee de novo as per provisions of section 12AA r.w.s. 2(15) to ascertain whether the activities of the assessee society are within the objects of the society and whether the activities carried out by the assessee are charitable in nature or not. - Decided in favor of assessee. - ITA No. 3969/Del/2016 - - - Dated:- 21-8-2018 - Shri Bhavnesh Saini, Judicial Member And Shri L.P. Sahu, Accountant Member For The Assessee : Sh. K.S. Sampath And Sh. V. Raj Kumar, Advocates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year 2014-15 and 2015-16. Thereafter, he applied registration u/s. 12AA. The ld. CIT(E) has observed as under : The above clearly leads one to conclude that an entity unabashedly following commercial principles could not turn charitable overnight. Admittedly, charitable purpose as per section 2(15) of I.T. Act, 1961 includes education but there is no denying that charitable purpose has to be seen to be redeemed in the activities of the society. Had the intent of the society been charitable it would have sought registration at the time of starting its activities and not when in the final analysis its finances have come out of the red. The applicant has no cogent answer to a specific query directed in that direction. Its finances ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities carried out by the assessee society and also urged that the registration may be granted to the assessee society w.e.f. the date of application. 4. On the other hand, the ld. DR relied on the order of the CIT(E) and submitted that the assessee society was filing ITR-5. He has not deducted any TDS from the salary payment and applied registration only when he started generating profit. Therefore, he requested that the order of the ld. CIT(E) should be affirmed. He has placed reliance on the following decisions : (i). CIT vs. National Institute of Aeronautical Engg. Educational Society, 181 Tazman 205(Uttaranchal) (ii). Dawn Educational Charitable Trust vs. CIT, 73 taxmann.com 61 (SC) (iii). Rajah Sir Annamalai Chettiar Founda ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
