2012 (10) TMI 1023

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...., J. The present appeal has been filed under Section 260A of the Income-tax Act, 1961 (for short 'the Act') against the order dated 20-01-2012 passed by the Income-tax Appellate Tribunal (for short 'the Tribunal'), Bench 'B' passed in ITA No.1103/Chd/2009 for the assessment year 2008-09 claiming the following substantial question of law:- "Whether the Ld. ITAT has err....

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.... earlier decision in Surya Educational & Charitable Trust v. CIT ITA No.223 (Chd.) of 2009. 3. Learned counsel for the revenue fairly admitted that against the aforesaid order, the revenue had approached this Court by way of ITA No.701 of 2010 wherein this Court on 05-10-2011, while dismissing the said appeal had observed as under:- "We have heard learned counsel for the appellant, but find ....

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....st or Institution are not genuine or are not carried out in accordance with the objects of the Trust or Institution. Section 11 of the Act contemplates that the income as specified therein shall not be included in the total income of the previous year of the person in receipt of the income derived from the property held under the Trust wholly for charitable or religious purposes, whereas Sectio....

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....g the total income, but the basis of such benefit is the registration under Section 12AA of the Act. Unless a Trust or Institution is registered under Section 12AA of the Act, such Trust or Institution shall not be entitled to exclude from its total income, deductions or contributions or from other sources. Therefore, the principles laid down for excluding the income from consideration under Secti....