2012 (6) TMI 707

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., 1961 (hereinafter referred to as "the Act") on 31.3.2009. The said application was declined by the Commissioner of Income Tax, Bathinda (for short "the CIT") vide order dated 25.9.2009. The CIT came to the conclusion after examining the income and expenditure account and the balance sheet for the period ending on 31.3.2006, 31.3.2007 and 31.3.2008 that the society had received donations and the capacity of donors and genuineness of the transactions have not been explained. The CIT while noticing that the society was running a Polytechnic College further took into consideration that the society was earning profits for the last two years and had claimed exemption under Section 10(23C) of the Act. The reasons to switch over to Section 11 of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f Association and the objects of the society was to do charitable work, projects and activities relating to education which have not been considered while declining the application under Section 12AA of the Act. It was further held that the CIT should have only seen the genuineness of the activities of the society and circular No.11/2008 dated 19.12.2008 was also referred that the provisions of Section 2(15) of the Act are not applicable to a society. Accordingly, it was held that nature and scope at the stage of grant of registration under Section 12AA of the Act is to only regarding the objects of the society. The Tribunal also distinguished the provisions of Sections 10(23C) and 12AA of the Act and scope of the said sections and held tha....