Ita/129/2011 Of Comnr.,Of Income Tax v. North Orissa Chamber

09. 09.01.2019 Heard Shri T.K. Satapathy, learned Senior Standing Counsel for the appellant-Commissioner of Income Tax. 2. By way of this appeal, the appellant has challenged the order dated 30.06.2011 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in ITA No.37 & 38/CTK/2011 and ITA No.39 & 40/CTK/2011, whereby the learned Tribunal has allowed the appeal preferred by the assessee. 3. This Court on 15.01.2013 has framed the following substantial question of law, which reads as under; “Whether on the facts and in the circumstances of the case, the assessee-Trust who was not carried out any activity would be entitled to register under Section 12(AA) of the Income Tax Act, 1961 ? 4. We have heard learned counsel for the appellant and taking into consideration the reasonings adopted in para-6 of the impugned order, we are of the considered opinion that the learned Tribunal has, looking into the activities, directed to grant registration. 5. The only question falls for consideration that if any action of the authority is contrary to Registered Trust, the expenses will be deducted from income or income will be charged. It is not a ground for refusal of registration under Section 12AA or Section 80(g) of the I.T. Act, 1961 and ultimately the object is to exempt the income of the trust which SKJ is received for serviceable and covered under Section 80 of the I.T. Act. 6. In that view of the matter, the issues raised in this appeal is answered in favour of the assessee as well as the department. It is will be open for the assessing Officer to examine the expenses which are contrary to Trust object or the expenses are required to be tested. 7. The appeal is disposed of. All connected Misc. Cases/I.As. are also disposed of. Urgent certified copy of this order be granted on proper application. .…….......……………… ( K.S. Jhaveri ) Chief Justice …………………..……… (K.R. Mohapatra) Judge