[2014] 50 taxmann.com 216 (Hyderabad - Trib.)
IN THE ITAT HYDERABAD BENCH
St. Joseph Academy
v.
Director of Income-tax (Exemption), Hyderabad*
P.M. JAGTAP, ACCOUNTANT MEMBER
AND SAKTIJIT DEY, JUDICIAL MEMBER
IT APPEAL NO. 1113 (HYD.) OF 2013
AUGUST 27, 2014
Section 13, read with section 12AA of the Income-tax Act, 1961 - Charitable or religious trust - Denial of exemption (Applicability of) - Whether provisions of section 13 can be invoked by Assessing Officer while framing assessment and not by Commissioner while considering application for registration under section 12AA - Held, yes - Whether where assessee-society was formed with object of establishing schools, colleges, hospitals etc. for benefit of Christian Community, Commissioner could not reject its application for registration under section 12AA on ground that there was a violation of provisions of section of section 13(1)(b) - Held, yes [Paras 10 & 11] [In favour of assessee]
IN THE ITAT HYDERABAD BENCH
St. Joseph Academy
v.
Director of Income-tax (Exemption), Hyderabad*
P.M. JAGTAP, ACCOUNTANT MEMBER
AND SAKTIJIT DEY, JUDICIAL MEMBER
IT APPEAL NO. 1113 (HYD.) OF 2013
AUGUST 27, 2014
Section 13, read with section 12AA of the Income-tax Act, 1961 - Charitable or religious trust - Denial of exemption (Applicability of) - Whether provisions of section 13 can be invoked by Assessing Officer while framing assessment and not by Commissioner while considering application for registration under section 12AA - Held, yes - Whether where assessee-society was formed with object of establishing schools, colleges, hospitals etc. for benefit of Christian Community, Commissioner could not reject its application for registration under section 12AA on ground that there was a violation of provisions of section of section 13(1)(b) - Held, yes [Paras 10 & 11] [In favour of assessee]
No comments:
Post a Comment