TaxTMI 
TaxTMI 
TaxTMI 
2022 (2) TMI 333
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....n for grant of registration made u/s. 12AA(1)(b)(ii) of the Income Tax Act, 1961 is arbitrary, misconceived, fallacious and illegal which must be quashed with further directions to grant the registration as sought." 3. The assessee society has filed application in Form No. 10A on 21.03.2020 seeking registration u/s. 12A of the Income Tax Act, 1961. 4. The application reveals that the assessee is a society created on 26.02.1986. The objects of the society are to undertake, promote, guide, research and development in the field of remote sensing, to carry on the service and development work for the preservation of environment by optimizing the land use and natural resources. It also provides the complete statistics and the data with their re....
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.... or other educational institution existing solely for educational purposes and not for purposes of profit and which is wholly or substantially financed by the government is entitled for exemption. 7. The ld. CIT(E) held that the sense in which the word 'education' has been used in section 2(15) as interpreted by the Hon'ble Apex Court in the case of Sole Trustee Lok Sikshan Sansthan (101 ITR 234) is systematic instruction, schooling or training given to the young is preparing for the work of life. It also connotes the whole course of scholastic instruction which a person has received. The word "education" has not been used in that wide and extended sense, according to which every acquisition of further knowledge constitutes edu....
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....d reasoning while denying the registration. While considering an application for registration u/s. 12AA of the Act, the ld. CIT(E) could not have applied the yardsticks applicable to section 10(23C) (iiiab) of the Act. An application u/s. 12AA of the Act is based on the examination of the activity being for any or all the four pursuits as set out in the said section. These are education, medical relief, relief of the poor or any other object of the general public utility. Thus, the action of the ld. CIT(E) in limiting his scrutiny to education alone is at once wrong. Further, injecting the rigor of section 10(23C) (iiiab) into section 2(15)of the Act was most unwarranted and palpably erroneous and wholly superfluous. 11. It was argued that....
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.... placed on the work "education" used in section 2(15); (ii) the institute was covered under the last limb of charitable purpose, i.e. advancement of any other object of general public utility. In view amendment made in section 2(15) of the Act with effect from April 1, 2009, for the assessment year 2009-10 onwards, the Institute was not entitled to exemption as it was an in which conducted an activity in the nature of business and also charges fee or consideration. It was earning a huge pro IS systematic and organized manner and, therefore, it was no institute existing for charitable purposes under the last limb of Section 2(15) of the Act; and (iii) the Institute had advance interest-free loan to a sister concern, namely, the Institute Cha....
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....& conditions contained in the MoU signed on 11.8.2009 between GJUS&T, Hisar and HARSAC authorities with an intake of 30 in anticipation of approval of Executive Council. The annual fee for this course will be Rs. 60,000/- plus the refundable security of Rs. 2000/- and health insurance charges of Rs. 60/-." 14. In this way the assessee society provides M. Tech degrees in Geo-Informatics to the aspirants to that course. 15. As to the activities of the appellant in the past, there are assessment orders for AY 2016-17, AY 2017-18, AY 2018-19 in which the appellant has been found to be providing education. In the AY 2019-20 the benefit of exemption u/s. 11 of the Act has been refused due to the impugned order affecting the status of the appell....