2014 (9) TMI 571

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....on the facts and in the circumstances of the case, the Tribunal was correct in law in allowing the claim of the society under section 80G of the Income Tax Act, 1961 whereas the society was never granted registration under section 12AA by the Commissioner of Income Tax? ii) Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in allowing the claim of the society under section 80G of the Income Tax Act, 1961 whereas memorandum of association and rules and regulations of the society registered on 23.10.1981 are entirely different from the trust deed executed on 14.4.1976?" 2. A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The applicant trust w....

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.... Vide order dated 28.6.2013, Annexure A.II, the Tribunal allowed the appeal of the assessee and dismissed the cross objections filed by the department. Hence the instant appeal by the revenue. 3. We have heard learned counsel for the revenue and perused the record. 4. Learned counsel for the revenue submitted that the assessee trust was converted from trust into society and, therefore, the CIT was justified in refusing to grant exemption under section 80G of the Act. According to the learned counsel, the Tribunal had erred in reversing the order of the CIT. 5. After hearing learned counsel for the revenue, we do not find any merit in the arguments of the learned counsel for the revenue. 6. It was not disputed that the exemption under se....

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....ble trust. Change over to the status of society makes no difference in this position and implementation of the objects of the trust is still a legal obligation to be discharged. 16. Still further, ever since the date of its coming into existence, the society has remained a mere paper entity. As per the sequence of events (AP B II, page 131), no return of the society has ever been filed, no PAN was applied for, nor was any ever allotted to the assessee. The exemption under section 80G of the Act was granted to the trust, for the first time, for the period from 1.4.1977 to 31.3.1978 on 19.10.1978. A copy of the certificate dated 19.10.1978 in this regard is at APB 1, page 63. Then onwards,the exemption under section 80G was regularly granted....