2013 (6) TMI 49

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....In this appeal by the revenue for the assessment year 2007-08, following reframed questions of law have been raised for our consideration :- (a) Whether on the facts and in the circumstances of the case and in law, the Tribunal is justified in allowing the claim of the assessee for exemption u/s. 11 of the Act ignoring the fact that the assessee failed to get the permission of the Charity Commi....

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....o allow repayment of loan amounting to Rs. 2,91,57,058/- as application of income when the cost of the assets, for which the loan was taken, had already been allowed as application of income and further allowance of repayment of loan as application of income would result in double deduction for the same outgoing which is against the principles laid down in the judgment of the Supreme Court in the ....

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....see for exemption under section 11 of the Act. On further appeal filed by the revenue, the ITAT while upholding the order of CIT(A) held that once the registration has been granted under section 12AA of the Act, the exemption under Section 11 cannot be withdrawn unless there is violation of provisions of Section 13 of the Act or the registration under Section 12AA(3) of the Act is cancelled. The T....