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1 - 6 of 6 (0.38 seconds)Section 12A in The Income Tax Act, 1961 [Entire Act]
Section 11 in The Income Tax Act, 1961 [Entire Act]
Section 12 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Commissioner Of Income-Tax vs G.D. Naidu, Industrial Educational ... on 2 February, 1942
4. The Ld AR submitted that as per Para 2.3 of impugned
order it is noted by the Ld CIT that one of the objects of society is
to run institution/s to provide qualitative education which ipso
facto qualifies as eligible charitable object defined u/s 2(15) of the
Act. He further submitted that the Ld. CIT has further noted in
same Para that the society is only running a school in the name
and style of Saraswati High School, Village Begampur Khatola,
VPO Khandsa Gurgaon which amply demonstrates that the real
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purpose of the society is education. The Ld. AR submitted that
this was further highlighted with reference to same Para about
the factum of not carrying of any other activities as mentioned in
other objects which further proves the genuineness of the objects
of the assessee society being limited to education. The Ld. AR
also referred to the Paper Book and submitted that for three
consecutive years, in assessee's own case, the revenue has, u/s
143(3) assessments, for assessment years 2012-13, 2013-14 and
2014-15, accepted that the assessee society is meant for
education only and is doing only education activity. It was
submitted that no exception is drawn in these orders to the
exemption claimed/allowed u/s 10(23C)(iiiad) of the Act.
4.1 The Ld. AR also referred to the impugned order and
submitted that the grounds relied upon by the Ld. CIT for
rejecting the application u/s 12AA are alien and extraneous to
the parameters laid down by the various courts. It was submitted
that the courts have held from time to time that the approach to
be adopted at the time of granting of registration should be
limited to verifying the real purpose of the society etc and the
genuineness of its objects which in present case is admittedly
fulfilled.
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