2014 (6) TMI 44

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....xures 'C' and 'D' - report of ACIT and comments of JCIT dated 25.6.2012 and 28.6.2012 respectively whereby subsequently they had recommended for registration under Section 12AA and approval under Section 80G(5) (vi) of the Income Tax Act, 1961 (in short, "the Act"). The above documents Annexures 'A' to 'D' are allowed to be taken on record subject to all just exceptions. 2. This appeal has been preferred by the revenue under Section 260A of the Act against the order dated 17.4.2013, Annexure A.2, passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'B' (in short, "the Tribunal") in ITA No.856/Chd/2012, proposing to raise following substantial questions of law:- i) Whether in the facts and ....

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....ies and therefore rejected the application. Aggrieved by the order, the assessee filed appeal before the Tribunal. Vide order dated 17.4.2013, Annexure A.2, the Tribunal allowed the appeal of the assessee holding that carrying on of charitable activities at the time of registration and utilization of the funds etc. were not relevant and once the objects of the institution were found to be charitable in nature, registration under Section 12AA of the Act had to be granted. Hence the instant appeal by the revenue. 4. We have heard learned counsel for the appellant and perused the record. 5. Learned counsel for the appellant revenue submitted that the assessee was not a genuine charitable institution which could claim benefit under Section 12....