N.S.SAINI, HARI OM MARATHA
Deputy Commissioner of Income-tax, Central Circle IV(1), Chennai – Appellant
Versus
Vellore Institute of Technology – Respondent
Hari Om Maratha, Judicial Member. - The appeal by the revenue and the cross objection by the assessee are directed against the order of the ld. CIT(A)-I, Chennai, dated 28-5-2010, pertaining to assessment year 2001-02. The sections mentioned in this order are that of Income-tax Act, 1961.
2. Briefly stated, the facts of the case are that the assessee is a public charitable Trust, originally named North Arcot Educational and Charitable Trust; created by a Trust Deed dated 7-5-1984 registered with the number 94/84. The Trust was registered under section 12A(a) on 9-7-1984 by the Commissioner of Income-tax Tamil Nadu-V. The name of the Trust has been changed to 'Vellore Institute of Technology', subsequently. The sole activity of the Trust during the relevant year is stated to be the running of 'Vellore Engineering College'. The institution became a 'Deemed University' in the year 2001. Although, the income of the Trust was exempt under section 10(22), the Trust submitted in its "statement of facts" that it had been filing Income-tax returns, along with audited accounts from assessment year 1990-91, inspite of no legal obligation to file returns under section 139 as it existed at
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