Sunday, August 24, 2014

[aaykarbhavan] Section 12AA and 80G operate under different fields




 
  1. ALLAHABAD HIGH COURT - Income Tax
    Exemption u/s 80G(5)(vi) – Registration u/s 12AA granted – Section 12AA and 80G operate under different fields or not – Held that:- The Tribunal in its judgment has wrongly proceeded on the basis that the sole reason for refusing an exemption u/s 80G was the denial of the registration u/s 12AA and since the Tribunal had already ordered the grant of registration under Section 12AA, an exemption u/s 80G should be allowed - there is a basic fallacy in the judgement of the Tribunal which proceeded on the basis that the only reason for refusing exemption u/s 80G was the refusal of the registration u/s 12AA - Since this premise is erroneous, the matter is to be remitted back to the Tribunal for fresh adjudication – Decided in favour of Revenue.

Regards
Prarthana Jalan


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Posted by: Prarthana Jalan <prarthanajalan@ymail.com>


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