A.U.Public Educational Trust, CHENNAI V. ITO, Virudhunagar

ITA 159/CHNY/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 51754 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 23-08-2011
• Assessment Year: misc
• Appeal Filed On: 31-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80G; 12AA

Judgement Text

I.T.A. NO. 159/MDS/11 7 HELD BY US, SURPLUS FUNDS OF THE ASSESSEE WERE USED ONLY FOR CREATING THE INFRASTRUCTURE NECESSARY FOR PURSUING ITS EDUCA TIONAL OBJECTS. AS ALREADY MENTIONED, ASSESSEE HAD BEEN EARLIER GRANTE D APPROVAL UNDER SECTION 80G OF THE ACT AS ALSO REGISTRATION U NDER SECTION 12AA OF THE ACT AND NOTHING HAS BEEN BROUGHT OUT BY LD. CIT FOR TAKING A DIFFERENT VIEW WHEN APPLICATION FOR RENEWAL WAS REC EIVED. IN OUR OPINION, THE ASSESSEE WAS ELIGIBLE FOR RENEWAL OF I TS APPROVAL UNDER SECTION 80G OF THE ACT. ORDER OF LD. CIT IS QUASHE D. WE DIRECT LD. CIT TO GRANT RENEWAL OF APPROVAL UNDER SECTION 80G OF THE ACT TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL FILED BY ASSESSEE IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON THE TWENTY THIRD DAY OF AUGUST, 2011. SD/- SD/- (GEORGE MATHAN) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 23 RD AUGUST, 2011. KRI. COPY TO: APPELLANT/RESPONDENT/CIT-II, MADURAI/D.R./ GUARD FILE