TMI Blog2023 (5) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... tutions continue to apply their income and invest or deposit their funds in accordance with the law laid down. Further, it is of great importance that the activities of such institutions be looked at carefully. If they are not genuine, or are not being carried out in accordance with all or any of the conditions subject to which approval has been given, such approval and exemption must forthwith be withdrawn. All these cases are disposed of making it clear that revenue is at liberty to pass fresh orders if such necessity is felt after taking into consideration the various provisions of law contained in Section 10(23C) read with section 11 of the Income Tax Act. In view of the judgment passed by the Supreme Court referred hereinabove, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.2014 passed by Income Tax Appellate Tribunal, Amritsar, the Commissioner of Income Tax, J K, Jammu filed the present appeal under Section 260A of the Income Tax Act, 1961. The Commissioner of Income Tax, J K, Jammu vide its order 16.08.2011 refused to grant the registration by passing the following order:- In view of the above, I am of the considered view that the assessee institution has not satisfied me with the genuineness of its activities and as the surplus profits as mentioned above are not in consonance with the intent and spirit of provisions of Section 12AA and provisions of Section 12AA(1)(b)(ii) are applicable in this case. Keeping in view the above facts of the case, I refuse to grant registration to the Trust. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee as applied by the assessee. Thus, all the grounds of the assessee are allowed. 5. Mr. K.D.S Kotwal, learned Dy. A.G fairly stated that the law has been laid down by the Supreme Court in Civil Appeal No. 5167 of 2008 along with connected matters titled M/s Queen s Educational Society Vs. Commissioner of Income Tax whereby they approved the judgment passed by the Punjab Haryana High Court in the case of CIT Vs. Manav Mangal Society Vs. Commissioner of Income Tax (2010) 328 ITR 421. It is appropriate to reproduce the relevant para of the judgment of the Supreme Court passed in M/s Queen s Educational Society Vs. Commissioner of Income Tax which is as under:- We approve the judgments of the Punjab and Haryana, D ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
