ICAT EDUCATIONAL TRUST ,HYDERABAD vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), HYDERABAD

Coming to the assessee’s sole substantive grievance herein challenging correctness of the CIT(Exemption)’s order holding it to have not containing charitable objects under section 2(15) thereby declining its 12AA registration, we note that latter’s detailed discussion to this effect reads as follows :

Ld. CIT-DR vehemently submitted the CIT(Exemptions)’s foregoing rejection of section 12AA registration proceedings have duly considered assessee’s twin objects in clauses (a) and (b) of its Trust Deed. He fails to dispute that the CIT(E) has nowhere considered the assessee’s clinching object in clause (c) forming part of the very deed in page 23 of paper book i.e. “to build schools, colleges and other institution of research, to establish and conduct college, school and institution for imparting multifaceted environment…….”. Meaning thereby that the assessee’s foregoing object prima-facie indicates its object as carrying ‘educational activities’. Faced with this situation, we deem it appropriate to restore the instant section 12AA registration issue back to the CIT(E) for his afresh appropriate adjudication keeping in mind that the assessee’s object clauses are as per law within three effective opportunities of hearing. Ordered accordingly.

This assessee’s appeal is allowed for statistical purposes in above terms.