2014 (2) TMI 228

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....le common issue involved in these appeals is exemption u/s 11 read with Section 12 of the IT Act. 3. For both the years, the claim of the assessee AOP to treat its income as exempt under Sections 11 and 12 of the IT Act was rejected by the Assessing Officer by invoking the provisions of Section 11 (4A) of the Act, observing that the running of the school was not found to be an object of the society and the school of the society was being run on a profit basis, year after year. 4. The Ld. CIT (A), for Assessment Year 2008-09, followed the first appellate order for Assessment Year 2007-08, to allow the claim of the assessee. For Assessment Year 2009-10, the CIT (A) followed the said first appellate order for Assessment Year 2008-09. ....

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.... record), in ITA Nos.3604, 3110 and 3106/Del/2010-11, but for the years 1998-99 and 2001-02, vide order dated 13.04.2007 (copy is placed on record) in ITA Nos.335 & 336/Del/2005 and also by the decision of the Hon'ble High Court of Uttarakhand vide their order dated 17.12.2012 (copy is placed on record) in ITA Nos.282 to 287 of 2007 and 41 & 42 of 2008, in the department's appeals in the assessee's case. The ld. counsel further contends that not only this, the department has itself, even for the subsequent year (Assessment Year 2010-11), vide order dated 18.03.2013 (copy is placed on record), passed u/s 143 (3) of the Act, accepted the assessee's claim of exemptions under sections 11 and 12 of the Act. 7. We have considered the rival con....

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....s 11 and 12 of the Act. That has been corrected by the Commissioner of Appeals and re- affirmed by the Tribunal. The present appeals have been filed without any just reason. The fact remains that, while Section 12A of the Act speaks about registration, Section 12AA prescribes the procedure for registration. Sub-Section (3) thereof makes it absolutely clear, in what circumstances, registration may be cancelled and who can do so. In the event, having considered the returns and other documents filed by the assessees, if the Assessing Officer was of the view that the assessees are no longer entitled to the registration, it would have been obligatory on its part to bring the same to the notice of the Commissioner for the purpose of de-registrati....