MODERN ENGLISH SCHOOL EDUCATION SOCIETY,KORAPUT vs. CIT(EXEMPTIONS), HYDERABAD

ITA 3/CTK/2016Status: DisposedITAT Cuttack25 August 2017AY 2014-158 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(Exemption) was not justified in rejecting the application. The assessee's AR presented arguments and MOA/AOA clauses to counter the CIT's objections regarding amendments and winding up.

What were the facts?

The assessee society applied for registration under Section 12AA and approval under Section 80G of the Income Tax Act. The CIT (Exemption) rejected the application citing deficiencies in the MOA and AOA regarding amendment, winding up, and investment clauses, and clarity on revocability.

What were the issues?

Whether the CIT(Exemption) was justified in refusing registration and approval based on perceived deficiencies in the society's MOA and AOA.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE

For Appellant: Shri Kailash Panigrahi, AR
For Respondent: Shri Kunal Singh, CIT DR
Hearing: 13/07

Per N.S.Saini, AM This is an appeal filed by the assessee against the order of CIT(Exemptions), Hyderabad, dated 28.9.2015. 2. The sole issue involved in this appeal is that the CIT(Exemptions),

Hyderabad was not justified in refusing to grant registration u/s.12AA of the Act and approval u/s. 80G of the Act to the assessee society.

3.

Brief facts of the case are that the assessee society filed application

in Form No.10A and Form No.10G on 30.3.2015 seeking registration

u/s.12AA of the Act and approval under section 80G(5) of the Act. The CIT(Exemption), Hyderabad rejected the application of the assessee on the following grounds:

1) As seen from the MOA, the ‘amendment clause’ does not specifically stipulate that the amendments

The order continues below.

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