JIS FOUNDATION Vs. ASSISTANT COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS appeal by assessees is arising out of order of CIT(A), Central -III, Kolkata in Appeal No. 133/CC -XXIII/CIT(A)C -III/10 -11/Kol dated 29.11.2011. Assessment was framed by ACIT, CC -XXIII, Kolkata u/s. 143(3) of the Income -tax Act, 1961 (hereinafter referred to as "the Act") for Assessment Year 2008 -09 vide his order dated 22.12.2010.

(2.) THE only issue in this appeal of assessee is against the order of CIT(A) confirming the addition made by AO denying exemption u/s. 11 of the Act for the reason that CIT, Central -III, Kolkata has cancelled the registration granted to assessee trust by invoking the provision of section 12AA(3) of the Act vide order dated 22.06.2010. The CIT(A) has denied exemption for the reason that the assessee has received capitation fee on behalf of students and the registration under 12AA(3) has already been cancelled. Aggrieved, now assessee is in appeal before us and raised following three grounds:

(3.) IN the result, appeal of assessee is allowed.