2023 (5) TMI 1224

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....olding that the assessee institution did not satisfy the registering authority, the then Commissioner of Income Tax, J&K, Jammu with the genuineness of its activities and it was held that the assessee Trust had generated surplus (profit) out of their total receipts, thus, the provisions contained under Section 12(AA)(1) (b)(ii) of the Income Tax Act, 1961 were applied in the case. 2. Aggrieved of the order passed by the Commissioner of Income Tax, J&K, Jammu, the assessee filed an appeal before the learned Income Tax Appellate Tribunal, Amritsar in M.A No. 33(Asr)/2013(Arising out ITA No. 617(Asr)/2011) who has allowed the appeal of the assessee with the directions to the department to grant registration to the assessee applied by the as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssessee can not be rejected. The decision of the Hon'ble Allahabad High Court in the case of City Montessori School (Regd.) Vs. Union of India and Others (supra) and decision of Hon'ble Punjab & Haryana High Court, in the case of CIT vs. Manav Mangal Society (supra), support our view. As regards arguments made by Ld. DCIT(DR) Mr. Tarsem Lal, nothing has been brought on record by him or by Ld. CIT about the falsity of the trust. Nothing further has been brought on record that fees structure was so huge to treat the motive of trust as profits-making or non-charitable. Therefore, the arguments of the Ld. DR. Mr. Tarsem Lal are general arguments and without any basis and cannot support the revenue. In the facts and circumstances of the case, th....