2013 (10) TMI 1174

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....peal, set aside order passed by the Commissioner of Income Tax, it should have granting exemption under Section 12AA(1)(b)(ii) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), instead of remitting the matter. As the appellant had already filed the original instrument of establishment of the society and furnished complete information regarding the school being run since inception and the Tribunal has held that the CIT was not justified in raising an inference against the appellant on the ground that family members are part of the trust, the Income Tax Appellate Tribunal should have itself allowed exemption. Counsel for the revenue submits that as the Tribunal has merely remanded the matter, the appeal is misconceived. T....

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....dum are of the charitable nature nor are there any activities which may be put to a test of genuineness'. The Ld. CIT did not elaborate in his order u/s 12AA(1)(b)(ii) of the Act as to which specific aim/object or activity was not of charitable nature. The ld. AR now contends before us that the society is running a school since inception and its claim for exemption u/s 10(23C)(iiiad) of the Act has been accepted by the A.O. As already observed the ld. CIT did not examine this apsect of the activities nor elaborated as to which specific clause in the memorandum of the society is not of charitable nature. Merely because wife and son of Shri Rajinder Singh are also members of the society or tax has not been deducted at source from certain paym....