Case Law Details
Bar Council of Delhi Vs CIT (Exemption) (ITAT Delhi)
The issue under consideration is whether the CIT is correct in rejecting the application filed by Bar Council of Delhi seeking registration u/s 12A(a) of the Income Tax Act?
In the present case, the application in Form No.10A and 10G moved by the appellant seeking registration under section 12AA of the Income-tax Act, 1961 were rejected by the ld. CIT (E) on the grounds that since the appellant has failed to furnish balance sheet and income & expenditure account the conditions laid down u/s 12AA are not satisfied and that the name of the Bar Council of Delhi does not appear in approved association/institution notified by the Government thus not a charitable institution within the meaning of section 2(15) of the Act.
ITAT states that, the appellant being engaged in safeguarding the rights, privileges and interest of the advocates, its dominating purpose is the advancement of general public utility within the meaning of section 2(15) of the Act, as such, genuineness of its activities and object of charitable purpose is proved, thus entitled for registration u/s 12AA and consequent exemption u/s 80G. Consequently, appeal filed by the appellant is allowed directing the ld. CIT (E) to provide registration u/s 12AA and consequent exemption u/s 80G of the Act to the appellant.
FULL TEXT OF THE ITAT JUDGEMENT
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