9911796707
TMI Blog2018 (9) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the present appeals, sought to set aside the impugned order dated 11.10.2017 passed by Ld. CIT (Appeals)-II, Kanpur qua the assessment years 2013-14 & 2014-15 on the grounds inter alia that:- "1. BECAUSE the "CIT(A)" has erred in law and on facts in holding that a) activities carried on by the appellant involved "carrying on of activity in the nature of trade, commerce or business or any other activities rendering service in relation to any trade, commerce or business for a cess or fee or any other consideration" as hit by proviso to sub-section (15) of section (2) of the Act; and b) in-concurring with the finding/ decision given by the ld. First Appellate Authority vide appellate orders dated 08.12.2015 and 30.06.2016 passed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly the proviso to section 2(15) is ousted from its applicability in the instant case. 5. BECAUSE in any case it is pleaded that looking to the undisputed facts that a) the appellant is a company wholly owned by the Central Government, through President of India; b) it had been approved by Government of India under section 25 of the Companies Act 1956;and c) by virtue of prohibition on distribution of' dividend' as is contained in the approval itself it could not be said or held that activities carried on by it (the appellant) were motivated by 'consideration' (as envisaged in the proviso to section 2(15) of the Act, and according the disqualification contained therein section 2(15) was not applicable in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee carried the matter by way of appeal before the ld. CIT (A) who has dismissed the appeals. Feeling aggrieved, the assessee has come up before the Tribunal by way of filing the present appeals. 5. The Revenue department has not preferred to put in appearance and consequently, we proceeded to decide the present appeal with the assistance of the ld. AR for the assessee as well as on the basis of documents available on the file. 6. We have heard the ld. Authorized Representative for the assessee to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 7. At the very outset, it is brought to our notice that primarily the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal affirming the registration accorded to the assessee company by the Commissioner. So, since the issue as to the registration granted to the assessee company u/s 12AA has been decided, we deem it necessary to set aside these cases to the file of the AO to decide afresh in the light of the fact that the assessee is registered under "non-profit making entity" under section 25 of the Companies Act and has been providing artificial limbs to the needy persons without earning any profit. Needless to say that the AO shall provide an opportunity of being heard to the assessee before deciding the issue. 9. Resultantly, both the appeals filed by the assessee are allowed for statistical purposes. Order pronounced in open court on this 14th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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