2020 (2) TMI 574

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..... Assessment Year 2014-15), whereby the appeal filed by the respondent-assessee against the order of the Commissioner of Income Tax (for brevity "the CIT") was allowed and the assessee was held to be entitled to registration under Section 12AA of the Act. 2. The appeal was admitted on 21.06.2017 for determination of the following substantial question of law:- "Whether the ITAT was justified in issuing a direction to the Commissioner Income Tax to issue a registration certificate contemplated under Section 12AA of the Income Tax Act?" 3. Briefly stated, the facts necessary for adjudication of the instant appeal, as narrated in the memo of appeal, are that the assessee moved an application before the appellant on 15.1.2014 seeking registrat .....

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..... by the assessee for registration rather the matter was to be remanded to the CIT for reconsideration. It is, therefore, prayed that this appeal may be allowed and the order passed by the Tribunal be set aside. 5. We have heard learned counsel for the appellant and perused the impugned order. 6. The learned Tribunal while dealing with the objections taken by the appellant-CIT has noticed that the assessee-Society is running an educational institution formed for the educational purposes. The object of the assessee is to provide educational and other help to the poor children. It is already registered with the Registrar of Societies under the M.P. Society Registration Act, 1973 and engaged in the activities of promoting education and to est .....

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..... find that during the course of assessment proceedings the Assessing Officer asked the assessee to produce cash book and ledger along with bills and vouchers of certain expenses claimed in income and expenditure account which was duly submitted by the assessee. In the registration proceedings also, the assessee submitted all the relevant books of accounts and information. The Addl. CIT's report against the assessee's registration is without any specific charge. The assessee society is genuinely registered for education purposes. These facts are sufficient to hold that the assessee is entitled to registration u/s 12A of the Act. We, therefore, direct the learned Commissioner of Income Tax to grant registration u/s 12A of the Act." 7 .....

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