2016 (12) TMI 357 - HC - Income Tax

High Court Upholds Tribunal Decision Granting Benefits to Society

The Commissioner of Income Tax, Alwar Versus M/s. Model Public School, Society, Bhiwadi

The Commissioner of Income Tax, Alwar Versus M/s. Model Public School, Society, Bhiwadi - TMI Issues:Challenge to Tribunal's decision granting benefits under Section 12AA(3) to the assessee society.Analysis:The High Court addressed the challenge by the department against the Tribunal's decision granting benefits under Section 12AA(3) to the assessee society. The Society was initially registered under Section 12A(a) of the I.T. Act, 1961. However, concerns arose regarding the society's activities not aligning with its stated objectives. The CIT observed surplus amounts being generated annually, fees being charged in a commercialized manner, and lack of evidence of providing assistance to poor children as intended. Consequently, the registration under Section 12A(a) was canceled under Section 12AA(3) of the Act.Upon admission of the appeal, the Court framed questions of law, questioning the Tribunal's decision. The appellant contended that the society did not meet the criteria under Section 12AA. The Tribunal's detailed observations highlighted that the society had been registered mainly for providing education, and the surplus funds were utilized for school development and fixed assets. The Tribunal found no basis to conclude that the society was not operating in line with its objectives. It noted the absence of evidence to support the CIT's objections.The Court agreed with the Tribunal's findings, citing relevant legal precedents to support its decision. It confirmed the Tribunal's decision as just and proper, ultimately dismissing the appeal. The issues were resolved in favor of the assessee society and against the department.