2017 (9) TMI 1706

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.... the relevant time, claimed that it was founded through a deed of trust on 10th May, 1964 to propagate education in various fields in modern India, and particularly in Maharashtra. It obtained certificate of registration under Section 12A of the Income Tax Act, 1961 (for short, "the IT Act") from the Commissioner of Income Tax, Pune on 13th September, 1973. There have been numerous educational and allied institutions in diverse fields set up and are regularly functioning. Even a deemed university is set up since the granting of registration. The exemption from payment of taxes on income gained by them under Sections 11 and 12 of the IT Act has thus been enjoyed in terms of this registration. 4. For the assessment year in question, namely....

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....hat the Assessing Officer's order was set aside by the Commissioner of Income Tax (Appeals). Thereafter, that order of the Commissioner of Income Tax (Appeals) dated 24th November, 2011 came to be challenged by the Revenue in the subject Appeal before the Tribunal, which has been dismissed by the impugned order. 10. The questions of law termed as substantial have been proposed in the following words: (i) Whether on the facts and in the circumstances of the case and in law, the Hon'ble Income Tax Appellate Tribunal was justified in relying on its decision for restoration of registration u/s. 12A without appreciating that department has filed an appeal before the Hon'ble High Court in respect of the said decision? ....

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....uery. Which principle of law will enable the Revenue to urge that the order of the Tribunal should be interfered with, has not been clarified. The only argument is, namely, if the Revenue succeeds in the Appeal challenging the order of the Tribunal restoring assessee's registration, then it may be open for the Revenue to tax its income and by holding that both Sections 11 and 12 of the IT Act have no application thereto. We do not think that such ifs and buts would permit the Revenue to get over a presently binding order of the Tribunal. That order of restoration of registration binds the Revenue. That order has not been quashed and set aside by this Court. The Appeal is merely admitted. To our mind, the question as proposed in the pres....