TaxTMI 
TaxTMI 
2000 (7) TMI 236
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....contained in cl. 3 of its constitution mentioned below: The assessee filed its application for registration under s. 12A of the IT Act, 1961, on 1st July, 1999, stating that this society was formed with the predominant object of dissemination of knowledge and education of commercial laws, tax laws in advancement of an object of general public utility. The learned CIT rejected the application that the main objects of the society were for the benefit of its members only. It was also pleaded by the applicant before the learned CIT that the applicant had only applied for registration and at this stage there was no issue of exemption under s. 11. The learned CIT held that in view of its objects the applicant-society does not fall within the c....
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.... through this writ petition the applicant has sought stay from the Hon'ble High Court in respect of all chartered accountants in the State of Rajasthan. He has contended that on winding up or liquidation of the society the assets of the society will not go to the members but to any other registered society. He has contended that it is a public society and has in this regard referred to letter dt. 8th/9th July, 1999, placed at p. 16 of the paper book. He has contended that the learned CIT has mentioned this society as being of "specified individuals" which in fact is not correct, as the term 'specified individuals' is differentiable from the term 'group of individuals'. The learned authorised representative has specifically referred to the s....
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....uncil of Rajasthan vs. CIT (1984) 39 CTR (Raj) 334 : (1984) 147 ITR 720 (Raj); (8) CIT vs. Ahmedabad Rane Caste Association (1983) 140 ITR 1 (SC); and (9) Ahmedabad Rana Caste Association vs. CIT (1971) 82 ITR 704 (SC). 5. As against this, the learned Departmental Representative of Revenue has contended that s. 12AA of IT Act, 1961, provides that the CIT shall on satisfying himself about objects of the trust or institution and the genuineness of its activities grant registration to the society and if not so satisfied he will refuse the registration to the society. He has contended that the learned CIT has examined the object of the society and found the same to be not satisfying as being for a charitable purpose. He has contended t....
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.... to achieve objects mentioned in the deed. He has also contended that in Jodhpur there is only one branch of the institute of chartered accountants and it is not understandable as to what activities this Jodhpur branch will undertake that may make the society as a charitable one. He has also contended that the cases of Bar Councils are different and distinguishable from the case of applicant-society inasmuch as their activities are also for the benefit of public at large. The learned authorised representative of assessee-applicant has, in rejoinder, contended that the requirement of s. 2(15) is fulfilled by the education which the applicant-society will impart in respect of accountancy and he has referred to sub-cls. (1) to (3) of cl. (3) o....
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..... In (1971) 82 ITR 704 (SC) the Hon'ble Supreme Court has held that: ".......an object beneficial to a section of the public is an object of general public utility. To serve a charitable purpose it is not necessary that the object should be to benefit the whole of mankind or all persons in a country or state. It is sufficient if the intention to benefit a section of the public as distinguished from a specified individual is present. The section of the community sought to be benefited must be sufficiently definite and identifiable by some common quality of a public or impersonal nature." The applicant-society, in our considered opinion, does fall squarely within the import of the above quoted observation of the Hon'ble apex Court. The ....