TMI Blog2020 (6) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of presentation of the application i.e., 18.03.2000. In any case, the registration has already been granted in favour of the assessee under Section 12A of the Act vide order dated 03.06.2003. Therefore, it is not necessary for us to examine the validity of the order passed by the tribunal and therefore, in our opinion, the substantial questions of law framed by a bench of this court have been rendered academic. Therefore, it is not necessary to answer the same. However, the appeal is disposed of with the observation that the mere grant of registration to the assessee shall not result in grant of benefit to it ipso facto under Sections 11 and 12 of the Act and if any, regular assessment is pending, the same may be completed in acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nother association viz., M/s Vishwa Bharathi Vidhya Mandir. Since then, the assessee did not file returns of income. The assessee filed an application for grant of registration under Section 12A(a) of the Act on 17.09.1999. A communication was issued to the assessee calling for certain details including audited statement of accounts in Form No.10B for last 5 years and details of furnishing of returns of income. The assessee filed a reply on 27.07.2000 and furnished audited accounts upto 23.12.1998 and stated that assessee being engaged only in advancement of education, its income is exempt under Section 10(22) of the Act and no returns of income have been filed. 3. Thereafter, a search was conducted in the premises of Sri.T.Balakrishna a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at affairs of the associations are not being conducted either in a transparent manner or with a view to achieve the objects for which the assessee was formed. It was also held that the funds of the assessee were diverted to private limited companies of the management. Thus, it was held that school was being run like a proprietary concern of Sri.T.Balakrishna and existed on a paper only as a fa ade to enable the management to make money. Accordingly, the application under Section 12AA of the Act was rejected. 4. Being aggrieved, the assessee filed an appeal before the Income Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal' for short). The tribunal vide order dated 21.02.2005, inter alia held that as per provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le inviting our attention to para 3.6 of the order passed by the tribunal submitted that despite directions issued by this court, the tribunal has not examined the matter on merits and by a cryptic order, in view of decision in the case of KARNATAKA GOLF ASSOCIATION has held that assessee is entitled to registration. It is further submitted that even assuming that assessee is entitled to registration under Section 12A of the Act, mere registration would not entitle the assessee to the benefit of provisions contained in Sections 11 and 12 of the Act automatically. On the other hand, learned senior counsel fore the assessee submitted that the application under Section 12A of the Act was filed on 17.09.1999 and the same was admittedly decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n i.e., 18.03.2000. In any case, the registration has already been granted in favour of the assessee under Section 12A of the Act vide order dated 03.06.2003. Therefore, it is not necessary for us to examine the validity of the order passed by the tribunal and therefore, in our opinion, the substantial questions of law framed by a bench of this court have been rendered academic. Therefore, it is not necessary to answer the same. However, the appeal is disposed of with the observation that the mere grant of registration to the assessee shall not result in grant of benefit to it ipso facto under Sections 11 and 12 of the Act and if any, regular assessment is pending, the same may be completed in accordance with law. Needless to state that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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