The Commissioner of Income Tax vs. Sri N. Giridhar Reddy,

PDF · subscribers
ITTA/324/2010HC TelanganaHBHC01025982201021 March 2016Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY2 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the sale of surplus milk by an educational institution did not invalidate its charitable objects or warrant cancellation of its registration under Section 12AA. The provisions for exemption under Section 10(23C)(vi) are distinct from registration under Section 12AA.

What were the facts?

The Income Tax Department appealed against an ITAT order that upheld the assessee's registration under Section 12AA. The CIT had cancelled the registration, partly because the assessee sold surplus milk, which was deemed not to be a charitable activity.

What were the issues?

Whether the sale of surplus milk by an educational institution is a ground for cancelling its registration under Section 12AA. Whether the denial of exemption under Section 10(23C)(vi) automatically leads to cancellation of registration under Section 12AA.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 10(23C)(vi),Section 260-A

AI-generated summary — verify with the full judgment below

Court No. - 35 Case :- INCOME TAX APPEAL No. - 324 of 2010 Appellant :- The Commissioner Of Income Tax And Another Respondent :- Swami Atulanand Rachna Parishad Counsel for Appellant :- Piyush Agarwal Counsel for Respondent :- Siddharth Pathak Hon'ble Bharati Sapru,J. Hon'ble Neeraj Tiwari,J. Heard Shri Piyush Agrawal, learned counsel for the appellant and Shri Siddharth Pathak, learned counsel for the respondent- assessee. This appeal under Section 260-A of the Income Tax, 1961(hereinafter referred to as the 'Act') has been filed by the department against the order of the Income Tax Appellate Tribunal dated 30.03.2010 for the assessment year 2007-08. The questions of law sought to be answered are as hereunder: "(1) Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in coming to the conclusion that registration granted to the assessee has been cancelled u/s 12- AA(3) of the Act merely on the ground that approval u/s 10(23c) (vi) of the Act had been denied to the assessee by completely overlooking and ignoring the fact that the CIT had cancelled the registration after having satisfied himself that the acitivities of the assessee society were not charitable in nature ? (2) Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the assessee is eligible for continued registration despite the fact that that the assessee does not fulfill the requirement of being a charitable institution?. (3) Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in not taking into consideration the decisions relied upon by the CIT in his order u/s 12-AA(3) of the Act while cancelling the registration of the assesseee society." The Tribunal has conclusively come to the conclusion that merely because the CIT had cancelled the registration of the assessee for grant of exemption under Section 10(23c)(vi) of the Act on the grounds that the assessee had received some money from sale of milk would not lead to the inevitable conclusion that the registration under Section 12AA of the Act could be cancelled. The provisions for exemptions are completely different for that of registration under Section 12AA of the Act. The

assessee was an educational institution which used to provide milk to its students. During the vacations the milk was surplus and was therefore, sold. For this reason, it cannot be said that the objects of the charitable society itself had failed or that for this reason the registration could be cancelled. The Tribunal has rightly come to the conclusion that registration could not have been cancelled. The order of the Tribunal is upheld. In view of above, the questions of law are answered in favour of the assessee and against the department. The appeal is accordingly dismissed. Order Date :- 12.3.2018 pks

More judgments on Section 12AA

All 4,243 judgments and leading authorities on Section 12AA →

Recent GST High Court judgments

Search GST case law →