Bihari Lal Jaiswal v. CIT

Golden Charitable Trust, Sangli vs. Commissioner of Income Tax, Exemption Pune, Pune

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.933/Pun/2023 िनधा"रण वष" / Assessment Year :- Golden Charitable Trust, The Cit Exemption, 2349, Guruwar Peth, Miraj, V Pune. Maharashtra – 416410. S Pan: Aactg0998H Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Keyur Patel – Cit(Dr) Date Of Hearing 24/01/2024 Date Of Pronouncement 12/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Exemption), Pune Under Section 12Ab Of The Income Tax Act, 1961, Passed On 30.06.2023.The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Cit (Exemption) Has Erred In Fact & In Law In Rejecting The Application For The Registration Of The Trust U/S. 12A(1) (Ac) Despite The Fact That Appellant Trust Is Engaged In Pursuing Purely Charitable Objects Such As Providing Medical & Educational Aid To Needy Beneficiaries & The Trust Activities Are Genuine & There Is No Contrary Finding To It. Thus The Rejection Order Is Patently Illegal & Golden Charitable Trust [A]

…e Act. Accordingly, we uphold the order of ld.CIT(E). 6.9 Even otherwise, one arm of the law cannot be used to defeat the purpose of another arm of the law. In case of Bihari Lal Jaiswal and others Vs. Commissioner of Income-tax and others reported in (1996) 217 ITR 746(SC), wherein the assessee was a firm and sought registration under the Income Tax Act. One of the partners of the firm had obtained license for retail sale of country spirit. One of the conditions of the license was that the holder shall not enter into a partnership for the working of privilege under the license despite which, the holder of the l…