The Commissioner Of Income Tax v. Guru Gobind Singh Educational Society

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.99 of 2011 (O&M)Date of decision: 27.4.2011 The Commissioner of Income Tax. Vs. Guru Gobind Singh Educational Society. -----Appellant. -----Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Ms. Savita Saxena, Standing Counselfor the appellant. --- ADARSH KUMAR GOEL, J. This appeal has been preferred by the revenue underSection 260-A of the Income Tax Act, 1961 (for short, “the Act”)against the order of the Income Tax Appellate Tribunal, Amritsardated 11.4.2008 in ITA No.189/ASR/2006 claiming followingsubstantial questions of law:- “(I) Whether on the facts and circumstances of thecase, the Hon’ble ITAT is legally justified to declarethe Respondent entitled for registration u/s 12AAinspite of the fact that the then Commissioner ofIncome-tax had pointed out various irregularitiescommitted by the members of the Respondent Societywhich established that its President and Secretaryhad misutilised the funds of the Respondent Society by opening separate joint bank account in theirindividual names where huge deposits were made butthese were shown in the balance sheet of theRespondent society as belonging to the Respondentsociety. (II)Whether on the facts and circumstances of thecase the Hon’ble ITAT is legally justified to declare theRespondent entitled for registration u/s 12AA inspiteof the fact that another bank account was maintainedby the President and Secretary of the Respondentsociety in their individual names jointly, the creditbalance of which was not reflected in the books of theRespondent society, which were violative of Rule 20of the Respondent Society’s bye-laws.” Learned counsel for the appellant fairly states that thematter is covered against the revenue by earlier order of thisCourt dated 10.11.2008 in I.T.A. No.56 of 2008 CITv. GuruGobind Singh Educational Society, Muktsar. Accordingly, this appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE April 27, 2011ashwani ( AJAY KUMAR MITTAL ) JUDGE JUDGE