2009 (6) TMI 982

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....JUDGMENT Prafulla C. Pant, J. This appeal, preferred under Section 260-A of Income Tax Act, 1961 (herein after referred as the Act), is directed against the order dated 12.08.2005, passed by Income Tax Appellate Tribunal, Delhi Bench "D" New Delhi, whereby ITA No. 4278/Del/2004, preferred by the assessee/respondent-National Institute of Aeronautical Engineering Educational Society, was allowed a....

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....Dehradun. Said society moved an application under Section 12 AA of the Act before Commissioner of Income Tax, Dehradun (for short CIT), for grant of registration under Section 12 AA (1)(b)(i) in prescribed Form 10 A on 07.06.2004. The CIT examined the copies of the accounts of income and expenditure for the financial year 2000- 2001, 2001-2002 and 2002 -2003 and concluded that assessee society is ....

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...., expression "education" is not qualified. That being so, any society having its object to impart education can be said to have a charitable purpose as per the definition of the aforesaid expression in the Act as on date. But for the purposes of this case, this definition is to be read with reference to context of 12AA of the Act. 6. Section 12 AA of the Act provides procedure for registration. C....

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....he Society is charging substantial fee from the students and making huge profits. Referring to the case of MCD Vs. Children Book Trust (1992) 3 SCC Pg. 390, the CIT has refused the registration. The order passed by CIT on 14.09.2004, further discloses that the surplus has been transferred to the capital fund of society. It has been further clarified in the finding of CIT that no expenditure by the....