2017 (12) TMI 793

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.... genuineness of the activities of the trust, the applicant was required to attend the office along with relevant documents/records of the trust. For this purpose a letter dated 28/30.08.2014, fixing the date of hearing on 11.09.2014, was sent. Shri R.C. Tomar, ITP/AR attended the proceedings on 11.09.2014 and, thereafter, the papers and documents filed by him were carefully perused. It is claimed that the Trust is running a school in the name and style of G.D. Goenka Public School, Ussaini, Hazratpur, Firozabad. The trust is apparently a franchisee of the popular G.D. Goenka stream. The franchise has been acquired by paying substantial amount of royalty annually. The exact modus operand as to how the school is being run is not clear from th....

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.... not genuine, or the school building in which school is being run was not in existence, or that the school was run by G.D. Goenka, a separate entity; that the appellant is an independent trust with no interference of any outside body, as erringly presumed by the C.I.T; that the CIT has erred in observing that as to how the school being is run is not clear; that the C.I.T. has failed to appreciate that the proviso to sec. 2(15) does not apply in the case of educational activities and where the purpose of a trust or institution is to impart education, it constitutes a charitable purpose; that the C.I.T. has erred in not appreciating that u/s 12AA of the Act, he is only to examine the genuineness of the objects of the trust and not the applica....

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....s been shown at Rs. 9.20 crore. The investment in purchase of land was of Rs. 22,15,200/- in A.Y. 2011-12. The investment over construction of school building was shown at Rs. 9.98 crore. The returns filed by the assessee have attracted no adverse remark from the Department. In fact, the ld. CIT has himself observed the assessee to have made expenditure after obtaining unsecured loans of more than Rs. 10 crore. This itself goes to show that the expenditure in establishing and running the school was laid out by the assessee Society. The ld. CIT has not made any observation that any expenditure was made by G.D. Goenka. 8. Nothing has been brought on record to show that the assessee Society is working/is to work under G.D. Goenka, or that t....