Law:

Section:

Section 2(15) of the Income-tax Act, 1961 - Charitable purpose - Registration of - Assessee-company was formed for taking care of interest of non-resident Keralites - It applied for registration as a charitable institution - Lower authorities declined registration to assessee - It was found from records that lakhs of Keralites were employed abroad, particularly in middle-east and many among them were not well educated and they certainly needed assistance of various types from Governmental agencies; further, majority of people employed were in middle-east countries which do not promote settlement or acquisition of citizenship there and, therefore, a Governmental agency promoted by Government to protect interests of non-resident Keralites who were out of Kerala and India was certainly an object of general public utility - Whether in view of above facts, findings of lower authorities were to be set aside - Held, yes [Matter remanded] P. Balakrishnan, Mohan Pulikkal and K.C. Kiran for the Appellant. Jose Joseph for the Respondent. JUDGMENT C.N. Ramachandran Nair, J. - Appellant is a Government of Kerala promoted company registered under section 25 of the Companies Act for taking care of the interest of the non-Resident Keralites. Registration of the company as a charitable institution was applied for under section 12AA on 12-4-2004. On rejection of the application on 7-3-2005, appeal was filed before the Tribunal and the Tribunal set aside the order and remanded the matter back to the Commissioner on 5-5-2006. However, fresh order was issued by the Commissioner on 6-2-2007 which was again appealed against before the Tribunal. The assessee contended that the order passed by the Commissioner is beyond the period of limitation, and so much so, they are entitled to be treated as registered under section 12AA(2) of the Act. The Tribunal however held that limitation is saved by operation of section 153(2A) of the Act and so much so the assessee's claim for deemed grant of registration is not tenable. On merits. Tribunal decided the appellant's eligibility. It is against this order that the assessee has approached this Court with this appeal. 2. We have heard counsel for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492