2017 (3) TMI 1793

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....Sr. D.R. ORDER PER S. S. GODARA, JUDICIAL MEMBER This assessee's appeal arises against DIT (E)'s order dated 18.12.2013, in file no. DIT(E)/AHD/12AA/171/2013-14/132, refusing its registration sought u/s.12AA of the Income Tax Act, 1961; in short "the Act". 2. This assessee is a "Section 25" company. It filed for Section 12AA registration. The DIT(E) sought for its objects particular. The asse....

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....ic at large since its activities did not come under the "general public utility" enshrined u/s.2(15) of the Act. All this leaves the assessee aggrieved. 4. We have heard both the parties reiterating their respective stands. Case file perused. We notice first of all that assessee's objects at page 14 of the paper book clearly stipulate that no portion of its income would be transferred; directly ....

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....n stood denied on similar analogy to be granting benefit to members only. This coordinate bench further distinguishes the case law of Madhavrao Scindia Enclave Resident Welfare Society vs. CIT 52 SOT 125 (as relied upon by the DIT(E) in the instant case as well) after holding that there was no public cause to be served in said assessee's case. Yet another co-ordinate bench in Indian Ice Cream Manu....

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....which form the foundation of Section 12AA registration claim are not on a similar footing as facts of the instant case wherein there is clear cut stipulation that assessee's income before or after dissolution would in no manner devolve upon its member. We thus distinguish the said case law as well. It is accordingly concluded that the assessee's principal object seeking to promote and develop, pla....