Section 12AA of the Income-tax Act, 1961 - Charitable or religious trust

IT: Where assessee-society was imparting medical education in accordance with object clause, registration granted to it under section 12AA could not be cancelled on basis of unsubstantiated allegation that it was collecting fee over and above fee prescribed by Government
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[2015] 53 taxmann.com 49 (Hyderabad - Trib.)
IN THE ITAT HYDERABAD BENCH 'A'
Assistant Commissioner of Income-tax
v.
B. Srinivasa Rao*
CHANDRA POOJARI, ACCOUNTANT MEMBER
AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER
IT APPEAL NOS. 1767 & 1768 (HYD.) OF 2011 AND 720 (HYD.) OF 2012
[ASSESSMENT YEAR 2003-04]
NOVEMBER  8, 2013
Section 12AA of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure (Cancellation of registration) - Assessment year 2003-04 - Whether where assessee-society was engaged in imparting medical education in accordance with object clause, registration granted to it under section 12AA could not be cancelled merely on basis of unsubstantiated allegation that assessee collected fee over and above fee prescribed by Government which was not duly accounted in its books of account - Held, yes [Para 47] [In favour of assessee]