TMI Blog2021 (9) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... te independently and the assessee is entitled to avail the benefit under one of them which is more beneficial to it. The counsel has argued that the CIT(E) has himself state ostensible aims and objects of the society were to manage the existing school as Joseph's School, Dugri Road Opposite Bhagat Singh Nagar, Ludhiana. No adverse action would be required to be taken against the assessee, so far grant of registration u/s. 12AA of the Act is concerned. On the observation of different PAN, the counsel argued that the exact name of the Society was Joseph's School, Management Society and it is only at the time of making the PAN that part of the name was printed. Considering the name in the Income Tax Returns and the address are bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 2(15) of the Act in the name of Joseph's School Dugri, Dhandari Road, Ludhiana through Joseph's School management society. He further submitted that the assessee has been maintaining regular books of account for the society, duly audited year after year which have been filed before the CIT(E) alongwith the copy of registration of the society, constitution/bye laws, letter and registration etc. and that ld. CIT(E) had neither point out any defects in the financial statements/accounts nor doubted the genuineness of its activities. He has filed a copy of registration certificate of society (APB page-1) and copy of Rules and Regulation of society (APB page-2 to 9). The ld. Counsel for the assessee has also submitted that the CIT(E) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it is only at the time of making the PAN that part of the name was printed. But that would not conclude that the Society and the School are different. The name in the Income Tax Returns are according to the same name as per PAN and even the address is the same. 3. The case of the Assessee has been assessed as per the provisions of section 143(3) of the Act and no such defect was pointed out by the department. The returned income was accepted during the assessment proceedings and no doubt had been raised as such. 4. It is also a matter of fact that there is no other School run by the Society other than the one which is mentioned in the return filed. 5. The case of the Assessee is even audited and proper books o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deshwar Educational Society vs. CIT(E) in ITA No. 1015/CHD/2016 order dated 15.11.2017 4. Per contra, the ld. DR supported the order of the CIT(E) and he contended that the subject registered society and the school are the different entities. 5. We have heard the rival contentions and perused the material on record in case law relied upon by both the sides. The assessee filed an application in Form No. 10A for seeking registration u/sec. 12AA of the Act was made before the Ld. CIT (E) on 06.01.2016. It is noted that the assessee society is an Educational Institution, which has been in operation since 12.05.1988 and claiming exemption u/s. 10(23c)(iiiad) of the Act since past many years. The CIT(E) has rejected the application of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to avail the benefit under one of them which is more beneficial to it. The counsel has argued that the CIT(E) has himself state ostensible aims and objects of the society were to manage the existing school as Joseph's School, Dugri Road Opposite Bhagat Singh Nagar, Ludhiana. 8. As regards to the observation of the CIT(E) that no other limb as narrated u/s. 2 of the Act as forming part object of society, the ld. AR contended that nowhere it is required under the provisions that the object of the society must contain more than one ingredient of section 2(15) of the Act. He further contended that the CIT(E) has himself stated that on page 2 of the impugned order that Admittedly judiciary has laid down that applicants are free to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... logy (Supra), the Hon'ble Jurisdictional Punjab Haryana High Court has held as under: Section 12AA, read with section 10(iiiad) of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure (Scope of) - Assessee-trust, running a school, filed application for registration under section 12AA - Commissioner (Exemptions) took a view that assessee had been claiming exemption under section 10(23C)(iiiad) and, therefore, should not have filed application under section 12AA - He further opined that assessee was running a school which had not been reflected in byelaws as objects of society as contained in Memorandum of Association - Accordingly, assessee's application for registration was rejected - As regards fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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