- (1.) This appeal has been filed against the order of the Income Tax Appellate Tribunal 24.05.2013 passed in in I.T.A. No. 733 of 2010 for the Assessment Year 2009-10. By that order the Tribunal has allowed the assessee's appeal against the order dated 26.11.2009 passed under Section 12AA(b)(ii) of the Income Tax Act, 1961.
(2.) The appeal was admitted on the following substantial questions of law:- "1. Whether the ITAT erred in law in misinterpreting the provision and language of Section 12-AA which use the phrase "call for such documents and information" and the phrase may also make such inquiries as deem necessary? 2. Whether the ITAT was justified in law in curbing the legislative powers provided to the C.I.T. U/s 12-AA to be exercised before granting registration? 3. Whether in the facts and circumstances of the case and in law, the Hon'ble ITAT was correct in law in holding that in considering an application u/s 12AA, the Commissioner is not required to look into the nature of the income of the assessee concerned or its application to determine the genuineness of the activities and consequently directing the CIT to allow the registration to the assessee?"
(3.) In brief, the assessee claims itself to be an educational society for charitable purpose. On 25.05.2009 it had made an application for grant of registration under Section 12AA of the Act and thus claimed it's income to be exempt from tax under the Act.;