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2016 Supreme(Bom) 447

S.C.DHARMADHIKARI, G.S.KULKARNI
Director of Income Tax (Exemptions) – Appellant
Versus
Lala Lajpatrai Memorial Trust – Respondent


Advocates:
Advocate Appeared:
Mr. A.R. Malhotra for Appellant
Mr. Phiroz Andhyarujina Sr.Counsel a/w
Mr. A.P. Singh, Mr.Asim Sarode for Respondents

JUDGMENT :

G.S.Kulkarni, J.

1. This appeal of the revenue under section 260A of the Income Tax Act, 1961 (for short 'the Act') challenges the order dated 25th May 2013 passed by the Income Tax Appellate Tribunal (for short ' the tribunal') whereby the appeal filed by the respondent assessee against an order passed by the Director of Income Tax (Exemption) (for short 'the DIT (E)') withdrawing the registration of the assessee under section 12A of the Act stands allowed.

2. The assessment year in question is 2009-10. The revenue has proposed the following question of law for our consideration:

6.1 “Whether on the facts and in circumstances of the case, the Hon'ble ITAT was justified in allowing the appeal of the assessee brushing aside the provisions of Section 11 (4A) of the Income Tax Act, 1961?”

3. The facts lie in a narrow compass. The assessee is a trust founded under a Trust Deed dated 10th April, 1959. The assessee claimed that the object for the establishment of the assessee-trust was “advancement of education” which fell within charitable purpose as defined under section 2 (15) of the Act. On 29th June 1973, the assessee had made an application seeking registration under section





























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