2010 (8) TMI 93

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.... Bansal, Advocate for the appellant. ADARSH KUMAR GOEL, J. Heard. Order dated 2.8.2010, dismissing the appeal in default is recalled. 1. This appeal has been preferred by the assessee under Section 260-A of the Income Tax Act, 1961 (for short, "the Act") against the order dated 29.5.2009 in I.T.A.  No.5009/DEL/2007 passed by the Income Tax Appellate Tribunal, New Delhi, proposing ....

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....f delay to the file of the CIT when the applicant had made no such request before the CIT before his passing order under Section 12 AA of the Income Tax Act? iv)        Whether the Hon'ble ITAT erred in law while holding that the society is existing solely for education and not for the purposes of profit inspite of the fact that it was having many objects at a....

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....and requisite audited accounts were not filed; the society was established for benefit of only a particular community; the society was earning profits and its objects included carrying on activity which may yield profit; level of fee charged by it was high. On appeal, the Tribunal reversed the view taken by the Commissioner and held that in assessment order dated 27.11.2008 for the assessment year....

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....ects beneficial to a section of public were also covered. Reliance was placed on judgment of the Hon'ble Supreme Court in Ahmedabad Rana Caste Association v. CIT (1971) 82 ITR 704. It was further observed that there was nothing to show that the objects of the society were not genuine and at the stage of registration, it could not be presumed that the income will not be spent for charitable purpose....