TMI Blog2016 (2) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... te transporter and generating such huge surplus year after year and is running its activities on commercial basis? Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee is entitled for registration under section 12A of the Act, even when the functions of BMTC include providing casual contract and chartered services, including luxury buses like Volvo and Mercedes fully air-conditioned are run as well as provided on hire for the occasions like wedding, excursion, pilgrimage and rallies or whenever the general public needs dedicated buses for their travel and these are charged on commercial basis. it is also seen that BMTC is providing Advertisement space on buses to the priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registration under section, 12AA(3) even if the assessee is found to be carrying on of any activity in the nature of trade, commerce or business? HELD THAT:- As counsel appearing for appellant and learned counsel appearing for. Learned counsel appearing for both the parties, submitted that, subject matter involved in this appeal. - ITA No. 302 of 2015 - - - Dated:- 12-2-2016 - Mr. N.K. Patil And Mrs. S. Sujatha, JJ. For The Petitioner: Sri E.I. Sanmathy Advocate. For The Respondent: Sri A. Shankar Advocate. JUDGMENT Mr. N.K. Patil, This appeal by the Revenue is arising out of the impugned order dated 20/02/2015, passed in ITA No. 74/Bang/2012, by the Income Tax Appellate Tribunal, Bangalore Bench-A, Bangalore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t object of providing transport service? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee is entitled for registration under section 12A of the Act, even when the KSRTC under the head Non operating revenue Non-traffic Revenue, has accounted a receipt of ₹ 135.58 crores as miscellaneous Income -which are mainly from advertisement and transportation of luggage and goods are obviously out of its commercial purpose is involved and is charging for every services provided? (4) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee is entitled for registration under section 12A of the Act. whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case, the Tribunal was right in following the judgment of Hon ble High Court in the case of the KIADB wherein it is held that the two conditions stipulated under section 12AA(3), which empowers the registering authority to cancel registration, do not exist in the case of the assessee? (8) Whether, on the facts and in the circumstances of the case, the Tribunal was right in following the judgment of Hon ble High Court in the case of the KIADB wherein the Hon ble High Court was correct in law in not considering the statutory position that the assesse would enjoy the benefit of registration under section 12AA and benefit of exemption under section 11 and 12 during the period in which it continued pursuing the objects as enshrined in the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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