LAWS(P&H)-2019-4-85

COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHANDIGARH Vs. KHATU JI PARA MEDICAL TECHNOLOGY EDUCATIONAL & RESEARCH SOCIETY

Decided On April 08, 2019
Commissioner Of Income Tax (Exemptions), Chandigarh Appellant
V/S
Khatu Ji Para Medical Technology Educational And Research Society Respondents

JUDGEMENT

(1.) This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against the order dated 31.8.2017 (Annexure A-2) passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as "the Tribunal") in ITA No. 593(Asr)/2016, claiming the following substantial questions of law:-

(2.) A few facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The assessee is an educational society registered on 19.9.2003 under the Societies Registration Act, 1860 and since 2003 has been running educational institutes for education. It filed an application dated 15.3.2016 in Form 10A for registration under Section 12AA of the Act. The Commissioner of Income Tax (Exemptions) [for brevity "the CIT(E)"] vide order dated 30.9.2016 (Annexure A-1) rejected the said application by observing as under:-

(3.) Feeling aggrieved, the assessee filed an appeal before the Tribunal. The Tribunal vide order dated 31.8.2017 (Annexure A-2) allowed the appeal and directed the CIT(E) to grant registration under Section 12AA of the Act to the assessee. Hence, the present appeal.