S.J. Vazifdar, J. - (1.) Liberty to amend the appeals by annexing the complete copy of the impugned order of the Tribunal dated 28.04.2015 as Annexure A-5/1. Needless to add that the same shall be done without removing the existing Annexure A-5. The appeals are against the order of the Tribunal dismissing the appellant's appeals. The appeals pertain to the assessment years 2006-2007 to 2011-2012.
(2.) The appeals are admitted on the following substantial -questions of law raised in paragraph 3:- "(i) Whether on the facts and circumstances of the case, the charges received by the appellant Board can be deemed to be income and thus chargeable to tax? (ii) Whether on the facts and circumstances of the case, the Ld. Tribunal was justified in dismissing the appeal of the appellant without awaiting for outcome of result of application moved u/s 10(23)(c)(iv)?"
(3.) The Tribunal in paragraph 11 observed that at the time of considering the application for registration under Section 12 AA, the concerned authority is required to examine only the aims and objects of a particular institution and if the same are found to be charitable in nature the registration should be granted. It was further observed that the other issues such as non audit of accounts, non application of 85% of the funds for charitable purposes can be examined only at the time of assessment when the exemption is granted under Sections 11 and 12 of the Act. What the Tribunal obviously meant was that the other issues would be examined if the exemption is granted. It is important to note that the Tribunal further observed that in these cases the Commissioner had not recorded any findings as to how the objects of the assessee are not charitable. Lastly, it is directed that in the event of the appellant obtaining the approval under Section 10(23C), the Assessing Officer should consider the matter in the light of such approval. This is followed by the operative part of the order dismissing the appellant's appeals.;