TaxTMI 
TaxTMI 
2014 (5) TMI 506
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....h action is perverse, overlooking & ignoring the facts, material on record, principles of law, provisions of act and even further in patent violation of principles of justice." 2. Brief facts are: The assessee is a registered society, running two educational institutions known as Ankur Jain Public School, having students of play school upto UKG; and another in the name of Jain Public School from Class 1 upto class 10+2. The objects of the trust are mainly to impart education and are claimed to be in conformity with sec. 2(15). Apart from regular educational imparting, the society grants scholarship and fee concession to the eligible students. There is no allegation about any non educational object or activity and benefit given to any rel....
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....hat assessee had purchased land at Sector 4 HUDA, Rewari for Rs. 5,58,00,000/- out of which payment of Rs. 1,39,50,000/- had been made out of surplus of previous years. The land is purchased for building in future, but the assessee trust failed to establish any nexus that the land would be used for any charity purposes. 2.3. The CIT rejected the application for registration by following observations: "Accumulation of income is not the motto of the act here. The charitable society could have at the most accumulated 15% of its income held under trust. The average of 15% has been given to take care of the practical difficulties. 85% of its income has to be applied year to year and thus an empire cannot be built by running a charitable in....
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....the CIT is whether the aims and objectives of the trust are charitable or not. There is no dispute that the assessee is running two educational institutions and the main object of the society is imparting education. (ii) A proper certified copy of the memorandum of society and its registration certificate was filed. (iii) The report of the AO itself proved that the surplus of the society had not been squandered but it has been safely kept in FDRs and utilized for the purpose of purchase of land for the school at Rewari. There is no basis to hold that there was no nexus between the land purchased and the aims and objects of the society. The aims and objects of the society provide to acquire land for construction of school. Therefore, t....
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.... by the Commissioner are not relevant as held by us in the earlier paragraphs." 3.2. Further reliance is placed on ITAT Delhi Bench order dated 18-1- 2013 in the case of Shri Gian Ganga Vocational & Educational Society Vs. CIT (ITA nos. 5706 & 5707/Del/2012), inter alia, holding as under: "7. We have heard the parties and have perused the material on record. We find that the ld. CIT has not raised any objection against the objects of the assessee Society. The main object of the Assessee Society is education, which, undeniably, is of charitable nature, in line with the provisions of Section 2(15) of the Act. Further, the ld. CIT has taken recourse to the RTE Act to reject the assessee's application. Now, as correctly contended, it is n....
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....arly held that what is to be seen at the time of registration is whether the , objects of the trust are charitable in nature and the activities are genuine. No adverse observation in this regard has been pointed out. The issues which are stressed upon by the Addl. CIT have no bearing on registration, besides they are issue relevant for assessment proceedings. It is pleaded that assessee having fulfilled relevant and valid conditions the registration u/s 12A may be allowed. 4. Ld. DR supports the order of lower authorities. We have heard rival contentions and perused the material available on record. No adverse finding has been given to the effect that the assessee society's aims and objects are not charitable in nature. Books of a/cs ....